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Markina Westmoreland v. William L. Bacon, M.D.

Citation: Not availableDocket: M2011-01811-COA-RM-CV

Court: Court of Appeals of Tennessee; February 25, 2013; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Tennessee Court of Appeals reconsidered a medical malpractice case involving claims against several medical professionals regarding the treatment and subsequent death of a patient following hip replacement surgery. Initially, the trial court granted summary judgment to the defendants, ruling that the plaintiffs' expert witness was not competent under the Tennessee Medical Malpractice Act. However, following a remand from the Tennessee Supreme Court—prompted by the ruling in Shipley v. Williams—the appellate court reassessed the expert's competency. The court found that Dr. Sobel, the plaintiffs' expert, possessed relevant knowledge to testify on the medical standards applicable to the case, reversing the trial court's exclusion of his testimony. The plaintiffs contended that the defendants failed to adhere to the standard of care in managing anticoagulant medication, leading to the patient's death. The appellate court identified genuine issues of material fact necessitating further proceedings, thus reversing the summary judgment and remanding the case for additional hearings. The decision underscores the nuanced standards for expert witness qualifications and the rigorous requirements for summary judgment in medical malpractice claims.

Legal Issues Addressed

Admissibility of Expert Testimony in Medical Malpractice

Application: Following the precedent set in Shipley v. Williams, the court clarified that the expert's specialty need not match the defendant's exactly, but must be relevant to the case's issues.

Reasoning: In Shipley, the Supreme Court clarified that the focus was on the surgeon's post-operative care and decision-making, which fell within the expert's knowledge.

Expert Witness Competency under Tenn. Code Ann. 29-26-115

Application: The appellate court determined that the trial court erred in dismissing the plaintiffs' expert witness based on competency requirements, finding the witness sufficiently qualified to testify on the relevant medical standards.

Reasoning: The court recognizes Dr. Sobel's familiarity with the standard of care concerning Lovenox, thus determining that he is competent to testify on the relevant claims.

Medical Malpractice Standard of Care

Application: The plaintiffs alleged that the defendants breached the standard of care by improperly managing medication post-surgery, contributing to the patient's death.

Reasoning: Dr. Sobel asserted that the Defendants breached the applicable standard of care in their treatment of Ms. Dennis.

Summary Judgment Standard

Application: The appellate court reversed the trial court's grant of summary judgment, finding that genuine issues of material fact existed, which necessitated further proceedings.

Reasoning: This ruling indicated that the plaintiffs had established genuine issues of material fact that warranted further proceedings rather than summary judgment.