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Thursday, October 26, 2017

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

The Tennessee Court of Appeals recently issued its opinion in Commercial Bank & Trust Co. v. Children's Anesthesiologists, P.C., No.  E2016-01747-COA-R3-CV (Tenn. Ct. App. Oct. 25, 2017).  The syllabus from the slip opinion states as follows:
Commercial Bank & Trust Company, Legal Guardian of the Estate of Albert P. Mjekiqi, a Disabled Minor; Omer Mjekiqi and Gabriela Mjekiqi, Individually and as Legal Guardians of the Person of Albert P. Mjekiqi; and Volunteer State Health Plan, Inc. ... sued Children’s Anesthesiologists, P.C.; Heather D. Phillips, D.O.; Kari L. Clinton; Neurosurgical Associates, P.C.; Lewis W. Harris, M.D.; and East Tennessee Children’s Hospital Association, Inc. d/b/a East Tennessee Children’s Hospital alleging health care liability in connection with surgery performed on Albert P. Mjekiqi [] in May of 2011. After a trial, the Circuit Court for Knox County ... entered judgment on the jury’s verdict finding no liability on the part of the defendants. Plaintiffs appeal to this Court raising issues with regard to admission of evidence and jury instructions. We discern no error, and we affirm.
Here is a link to the slip opinion: