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Friday, January 07, 2011

Medical Malpractice: Summary Judgment Against Pro Se Plaintiff Upheld on Appeal

The Tennessee Court of Appeals recently released its opinion in Partee v. Vasquez, No. M2009-01287-COA-R3-CV (Jan. 5, 2011). The plaintiff in this case brought a pro se medical malpractice action against her former doctor. Her case was was ultimately dismissed via summary judgment because she was unable to obtain expert testimony to rebut the doctor's affidavit given in support of his motion for summary judgment.

Here's a link to the opinion:


Sadly, this case demonstrates how important it is for a plaintiff to obtain counsel who is familiar with the law of medical malpractice. While I'm not saying that competent counsel would have won this case for the plaintiff, she certainly would have stood a much better chance had she been represented by competent counsel.

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