Wednesday, June 23, 2010

Court reviews causation and whether the trial court properly denied motions for summary judgment in a medical malpractice case

CAROL E. MILLER v. JOEL S. BIRDWELL, M.D., ET AL. (Tenn. Ct. App. June 23, 2010)

This appeal involves claims for medical malpractice against three doctors. The doctors each filed a motion for summary judgment. The trial court denied all three motions. After reviewing the record, we find that there are no material issues of fact in dispute. The defendant-doctors affirmatively negated an essential element of the Plaintiff's claim - causation. Plaintiff failed to come forward with expert proof to demonstrate that there was a material issue of fact in dispute. Accordingly, the doctors are entitled to summary judgment. Consequently, this Court finds that the trial court erred in denying the motions for summary judgment. Reversed and remanded.

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