Thursday, January 6, 2011

Court Reviews Whether Plaintiff Received Sufficient Time to Procure Representation and Expert Testimony in a Medical Malpractice Case

KATHY D. PARTEE V. JAIME VASQUEZ, M.D. (Tenn. Ct. App. January 6, 2011)

A woman who suffered prolonged bleeding, pain and disabling injury after gynecological surgery filed a pro se malpractice suit against the doctor who performed the surgery.

The defendant filed a motion for summary judgment, accompanied by an affidavit in which he testified that in his treatment of the plaintiff he complied at all times with the relevant standard of acceptable professional practice. Unfortunately for the plaintiff, she was unable to find an expert witness to controvert that affidavit.

The trial court granted the plaintiff several continuances to give her the opportunity to procure representation and expert testimony, but when she was unable to do so, the trial court granted the defendant's motion. We affirm.

Opinion available at:

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