Friday, March 12, 2010

TCA affirms Summary Judgment finding Plaintiff's expert witness did not meet statutory requirements

GEORGE H. BADGETT, ET AL. v. ADVENTIST HEALTH SYSTEMS SUNBELT, INC. d/b/a TENNESSEE CHRISTIAN MEDICAL CENTER (Tenn. Ct. App. July 31, 2009)

In this action concerning alleged malpractice by hospital staff, the trial court found plaintiff's expert affidavit failed to meet the locality test of Tenn. Code Ann. section 29-26-115 where the only similarities proven between the medical communities were population, existence of feeder hospitals and existence of medical school. Finding the trial court did not abuse its discretion, we affirm.

The full text of this opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/badgettg_080309.pdf

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