New Health Care Liability Action Opinion: Summary Judgment for the Defense Upheld on Appeal Because Plaintiff's Expert Proof Was Insufficient to Create a Genuine Issue of Material Fact

The Tennessee Court of Appeals has released its decision in Dickerson v. United Medical Transportation, LLC, No.  No. W2023-01084-COA-R3-CV (Tenn. Ct. App. Oct. 23, 2024). The opinion's syllabus reads:

After suffering an injury, patient alleged that in-patient facility was negligent in failing to inform medical transportation company of his physical limitations prior to his discharge from the facility. In response to the facility’s summary judgment motion, patient relied on the testimony of an “expert in passenger ground transportation.” The trial court found that issues of fact remained as to patient’s ambulation needs, but granted summary judgment as to standard of care and breach because patient’s expert was not competent to testify under the Tennessee Health Care Liability Act, and the common knowledge exception did not apply. Finding no reversible error, we affirm.

Here is a link to the slip opinion: DickersonRobertOPN.pdf.

NOTE: This opinion reminds one of the general need for expert testimony for one to prevail in a health care liability action.