This is a medical malpractice action [(now known as a health care liability action)] in which the plaintiff filed suit against the hospital and her physicians following the death of her newborn son hours after his delivery. The case proceeded to a jury trial. The jury found in favor of the defendants. Following the denial of post-trial motions, the plaintiff appeals, claiming the trial court erred in excluding testimony and when it gave a jury instruction on the sudden emergency doctrine. We reverse and remand for a new trial.
Monday, September 25, 2017
New Health Care Liability Action Opinion: Defense Verdict Reversed on Appeal Due to Erroneous Jury Instruction on Sudden Emergency
The Tennessee Court of Appeals just issued its opinion in VanDyke v. Foulk, No. E2016-00584-COA-R3-CV (Tenn. Ct. App. Sept. 18, 2017). The syllabus from the slip opinion states as follows:
Here is a link to the slip opinion:
NOTE: This is a must-read opinion for any trial lawyer who practices in Tennessee and handles health care liability actions. It contains an excellent discussion of the law on sudden emergency in a health care setting.