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Monday, June 30, 2014

New Health Care Liability Action Opinion: Trial Court Erred in Excluding One of Plaintiff's Expert Witnesses; Error, However, Was Harmless under the Circumstances

The Tennessee Court of Appeals issued its opinion today in Evans v. Williams, No. W2013-02051-COA-R3-CV (Tenn. Ct. App. Jun. 30, 2014).  The summary from the opinion states as follows:
This is a health care liability action appeal.[]  The case was tried before a jury, resulting in a judgment for the defendant physicians. The trial court excluded the testimony of one of the plaintiff’s expert witnesses on the applicable standard of care after finding that he was not qualified under the locality rule. The plaintiff appealed to this Court arguing, among other things, that the trial court erred in its application of the locality rule. We hold that it was error for the trial court to exclude the witness, but find that any error was harmless under the facts of this case. We therefore affirm.
(Footnote omitted.)

Here is a link to the opinion:

Thursday, June 26, 2014

New Laws Effective in Tennessee in 2014

January 1, 2014:

July 1, 2014:

New Health Care Liability Opinion: Court Holds Plaintiffs Failed to Comply with the Onerous Presuit Notice Requirements; Lawsuit Dimisssed

The Tennessee Court of Appeals from the Eastern Section just released its opinion in Roberts v. Prill, No. E2013-02202-COA-R3-CV (Tenn. Ct. App. Jun. 26, 2014).  The summary from the opinion states as follows:
This is a health care liability[] action arising from the death of Decedent. Defendants moved to dismiss the action for failure to comply with the notice requirements set out in Tennessee Code Annotated section 29-26-121(a)(2)(E). The trial court agreed and dismissed the action without prejudice. Plaintiff appeals the dismissal to this court. We affirm the trial court’s dismissal. 
Here is a link to the opinion: