 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Buckner v. Hassell10/30/2000
Ronald L. Buckner was diagnosed with a rare form of melanoma which ultimately resulted in his death. His wife, Cheryl N. Buckner, brought this medical malpractice action against her husband's family physician, Dr. David F. Hassell. The Trial Court excluded portions of the testimony of Mr. Buckner's dermatologist and dermatopathologist due to Ms. Buckner's failure to name these physicians as expert witnesses in her answers to interrogatories pursuant to Tenn. R. Civ. P. 26. The jury returned a verdict in favor of Dr. Hassell, and thereafter, Ms. Buckner filed a Motion for New Trial based upon the weight of the evidence and the Trial Court's exclusion of the dermatologist's testimony regarding the standard of care. The Trial Court denied the Motion. On appeal, Ms. Buckner contends that the Trial Court erred in excluding the testimony at issue because Dr. Hassell did not suffer any prejudice from these physicians not having been identified as expert witnesses in Plaintiff's answers to interrogatories as his attorney was aware of the dermatologist's opinions prior to his deposition for proof, and because each of these treating physicians whose testimony was excluded was not a Rule 26 expert witness. We affirm.
Tenn. R. App. P. 3; Judgment of the Circuit Court Affirmed; Case Remanded.
Swiney, D. Michael, J., delivered the opinion of the court, in which Houston M. Goddard, P.J. and Herschel P. Franks, J., joined.
OPINION
Background
This appeal arises from a medical malpractice action based primarily upon a failure to biopsy an alleged non-healing skin lesion. The case was tried by a jury who found in favor of David F. Hassell, M.D. (hereafter "Defendant"). Plaintiff, Cheryl N. Buckner, brought this medical malpractice action against Defendant, a family physician, on behalf of her deceased husband, Ronald L. Buckner. In 1994, Mr. Buckner was diagnosed with amelanotic melanoma, a rare form of melanoma. Mr. Buckner's melanoma metastasized and, ultimately, resulted in his death in 1998.
Defendant treated Mr. Buckner from 1989 to 1993. In May, 1990, Defendant began treating Mr. Buckner for inflammation and dermatitis on his second right toe. Over the next three years, Defendant periodically treated Mr. Buckner's toe which had bouts of partial healing, only to relapse with bleeding and a breakdown of the skin. At one point, Mr. Buckner did not complain to Defendant of any problems with his toe for a nineteen month period during which he sought treatment from Defendant for other matters. Defendant last saw Mr. Buckner's foot in June, 1993, and testified that at that time, Mr. Buckner's toe was 90% healed. Defendant never referred Mr. Buckner to a specialist, nor did he take a biopsy of the affected skin.
Mr. Buckner was subsequently treated by a dermatologist, Dr. Anthony Meyers, and a dermatopathologist, Dr. Paul Googe. In May, 1994, at the time of Mr. Buckner's first visit, Dr. Meyers was the first physician to biopsy Mr. Buckner's skin on his toe. This biopsy led to the diagnosis of amelanotic melanoma.
The Trial Court excluded portions of Dr. Meyers' and Dr. Googe's testimony because Plaintiff did not disclose in her Rule 26 interrogatory answers that these physicians would provide expert opinion testimony. This exclusion is the basis of Plaintiff's appeal.
A review of the relevant discovery exchanged between the parties in this matter is as follows: Defendant's attorney scheduled the deposition for proof of Dr. Meyers to take place the next month. At that time, Defendant's attorney suggested to Plaintiff's attorney that in lieu of taking a discovery deposition, she could interview Dr. Meyers. Shortly t
Page 1 2 3 4 5 6 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|