New Health Care Liability Action Opinion: Trial Court's Grant of Summary Judgment to Defense Reversed on Appeal Because Standard-of-Care Expert Was Qualified to Testify, Etc.

The Tennessee Court of Appeals released its opinion in Owens v. Vanderbilt University Medical Center, No. M2021-01273-COA-R3-CV (Tenn. Ct. App. May 18, 2023). The syllabus from the slip opinion reads: 

A patient brought a health care liability action against a hospital after she developed a pressure wound during her hospital stay. The hospital moved for summary judgment on the ground that the patient’s standard of care expert was not competent to testify under the Health Care Liability Act. Alternatively, it sought to narrow the remaining claims through a partial summary judgment. The trial court disqualified the expert witness and granted the hospital summary judgment on all claims. The court’s decision was based, in part, on grounds not raised in the hospital’s motion for summary judgment. Because we conclude that the expert was competent to testify and the trial court erred in ruling on additional grounds not raised by the movant, we vacate the judgment in part.

Here is a link to the opinion: 

Majority Opinion 2021-1273-COA.pdf (tncourts.gov)

NOTE: This opinion offers a good discussion of expert-witness qualifications in a health care liability action (f/k/a medical malpractice case) and summary-judgment practice under Tennessee law.