Thursday, April 8, 2010

Court reviews whether defendant properly showed that it met the standard of care in medical malpractice case

ALVIN FLATT v. CLAIBORNE COUNTY HOSPITAL AND NURSING HOME (Tenn. Ct. App. April 8, 2010)

In this medical malpractice action, the plaintiff offered evidence of the standard of care required of defendant by an expert witness, and defendant offered evidence that it complied with the standard of care by an expert witness, who was accepted as an expert by the Trial Court. The Trial Judge ruled in favor of defendant, essentially accepting the defendant's evidence that it had met the standard of care for the deceased. Plaintiff appealed, insisting that the Trial Court did not "correctly weigh the conflicting expert testimony" in its ruling for the defendant. On appeal, we affirm the Judgment of the Trial Court.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/flatta_040810.pdf

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