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Tuesday, June 06, 2017

New Health Care Liability Opinion: Trial Court's Grant of Summary Judgment to Defense Upheld on Appeal Due to Lack of Sufficient Expert Testimony

The Tennessee Court of Appeals, Western Section, released its opinion Graham v. Family Cancer Center, PLLC, No. W2016-00859-COA-R3-CV (Tenn. Ct. App. Jun. 5, 2017).  Here is the syllabus from the slip opinion:
This is a medical malpractice action.  The plaintiffs timely filed suit against the defendants concerning the failure to timely diagnose the husband’s prostate cancer. After voluntarily dismissing the initial suit, the plaintiffs provided pre-suit notice before filing a second suit pursuant to the saving statute. The defendants moved for summary judgment, arguing that the plaintiffs lacked sufficient expert testimony to establish their claim. The court agreed and granted summary judgment. We affirm.
(Footnote omitted.)

Here is a link to the slip opinion:

http://www.tncourts.gov/sites/default/files/grahamsamuelopn.pdf

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