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Fitts v. Arms9/16/2003
e that the treatment rendered by the Appellees breached the standard. Finally, and perhaps most telling, Dr. Florence's affidavit makes no mention whatsoever of causation. Because it is necessary to establish each of the three statutory elements, this omission by itself precludes the creation of a genuine issue of material fact by the affidavit.
Overall, the affidavits submitted by Appellees in support of their motion for summary judgment create a presumption that no genuine issue of material fact exists. The burden then falls to Appellants to rebut that presumption, through expert opinion that establishes each element of a malpractice claim enumerated in Tenn. Code Ann. ยง 29-26-115. The expert affidavits proffered by Appellants fail to satisfy that burden. Accordingly, the presumption against any genuine issue of material fact remains, making a grant of summary judgment proper.
Conclusion
Based on the foregoing conclusions, we hereby affirm the decision of the trial court. Costs of appeal are taxed to the Appellants, Jesse Randall Fitts, Jr. and Margie Fitts, and their surety, for which execution may issue if necessary.
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