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Wednesday, March 15, 2017

New Health Care Liability Action Opinion: Defense Verdict Upheld on Appeal

The Tennessee Court of Appeals has issued its opinion in Popick v. Vanderbilt University Hospital, No. M2015-01271-COA-R3-CV (Tenn. Ct. App. Mar. 13, 2017).  Here is the syllabus from the slip opinion:
The plaintiff filed this health care liability action against the defendant hospital after the death of her husband, alleging that his death was the result of negligent medical treatment. The jury returned a verdict in favor of the defendant. On appeal, the plaintiff argues that the trial court committed reversible error in: (1) excluding certain email messages as hearsay; (2) overruling her objections to defense counsel‟s crossexamination of a witness; (3) failing to instruct the jury to ignore statements made by defense counsel in closing argument; (4) refusing a request for a special jury instruction; and (5) declining to change the special verdict form. Discerning no reversible error, we affirm the decision of the trial court. 
Here's a link to the slip opinion:

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