TCA examines insufficiency of medical expert's affidavit

REBECCA METTES v. J. THOMAS JOHN, JR., M.D. (Tenn. Ct. App. May 20, 2009)

In this medical malpractice action, patient appeals the trial court's grant of summary judgment in favor of physician based on the insufficiency of the affidavit of the patient's expert. We affirm.

"Pursuant to Tenn. Code Ann. 29-26-115(a)expert testimony must establish the recognized standard of medical practice, the defendant's breach of that standard, and causation. This was necessary in this case to rebut the Defendant's self-serving affidavit and motion for summary judgment which the trial court held was sufficient to shift the burden to the plaintiff." Id.

The full text of this opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/mettesr_052109.pdf

TCA examines the issue of superceding cause in wrongful death action

DORIS G. HOWELL, as Next of Kin and as Guardian of JESSIE J. WILLIAMS, a minor child of GINGER WILLIAMS, deceased, ET AL. v. DAVID M. TURNER, M.D., ET AL. (Tenn. Ct. App. May 21, 2009)

This appeal arises out of the death of Ginger Williams after she sought medical treatment from the various Defendants. After the jury returned a verdict in favor of Plaintiff, Defendant Doctor moved for a judgment notwithstanding the verdict, asserting that the doctrine of an independent, intervening cause precluded his liability. We affirm the trial court's decision to deny Defendant's motion.

The full text of this opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/howelld_052109.pdf