Court reviews summary judgment ruling in medical malpractice and ordinary negligence case

SANDRA YEVETTE TURNER v. STERILTEK, INC. ET AL. (Tenn. Ct. App. March 4, 2010)

Mother of deceased patient brought suit for ordinary negligence and medical malpractice against hospital and company that sterilized its surgical instruments and equipment. In this second appeal, the issue is whether the trial court erred in granting summary judgment in favor of both defendants. We conclude that the trial court properly granted summary judgment as to the sterilization company, but we reverse the grant of summary judgment as to the hospital because the hospital failed to negate an element of the plaintiff's negligence claim.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/turners_030410.pdf