Friday, March 12, 2010

Court holds that amended medical expert afffidavit met Tenn. Code requirements

NANCY L. LANE v. JODI D. MCCARTNEY, M.D., ET AL. (Tenn. Ct. App. July 31, 2009)

Nancy L. Lane ("Plaintiff") sued Karen K. Lauer-Silva, M.D. and Medical Education Assistance Corporation d/b/a ETSU Physicians & Associates ("Defendants") alleging medical malpractice. Defendants filed a motion for summary judgment. After a hearing on Defendants' motion, the Trial Court entered an order finding and holding, inter alia, that Plaintiff's expert witness did not meet the requirements of Tenn. Code Ann. section 29-26-115, and granting Defendants summary judgment. Plaintiff filed a motion to alter or amend along with a Second Supplemental Affidavit from Plaintiff's expert. The Trial Court considered the Second Supplemental Affidavit and found that Plaintiff's expert still did not satisfy the requirements of Tenn. Code Ann. section 29-26-115, and again granted Defendants summary judgment. Plaintiff appeals to this Court. We reverse.

The full text of this opinion may be found at the TBA website:

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