 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Wilson v. Patterson8/10/2001
This is a medical malpractice case. Plaintiffs, husband and wife, sued defendant physician for injuries allegedly caused to Wife by the physician's negligence. Physician moved for summary judgment supported by his affidavit that he conformed to the required standard of care. Plaintiffs, in opposition to the summary judgment, filed a deposition and affidavit of a physician practicing in Kentucky that expressed his knowledge of the standard of care in Memphis and similar communities. Physician moved to strike the affidavit primarily on the ground that plaintiffs' physician expert did not show a familiarity with the standard of care in Memphis, Tennessee. The court granted the motion to strike the affidavit and also granted summary judgment to defendant physician. Plaintiffs appeal. We reverse and remand.
Tenn.R.App.P. 3; Appeal as of Right; Judgment of the Circuit Court Reversed and Remanded
W. Frank Crawford, P.J., W.S., delivered the opinion of the court, in which Alan E. Highers, J. and David R. Farmer, J., joined.
OPINION
On May 24, 1995, plaintiffs, Susan Renee Wiechert and James Kelly Wiechert, filed a complaint against defendant, Rushton E. Patterson, Jr. M.D. The complaint alleges that Susan Renee Wiechert was a patient of the defendant, Dr. Patterson, and that on May 25, 1994, she was admitted to the Methodist Hospital in Memphis for a diagnostic laparoscopy. The complaint avers that during the procedure, Ms. Wiechert was caused to suffer multiple lacerations of her abdomen, including a laceration of her left iliac artery. The complaint further avers that as a result of internal lacerations, Ms. Wiechert sustained massive internal bleeding and was forced to undergo an emergency exploratory laparotomy. Plaintiffs alleges that the injuries sustained by Ms. Wiechert were the direct and proximate result of negligence on the part of Dr. Patterson, as he failed to exercise ordinary care and diligence under the circumstances. Plaintiffs seek damages for Ms. Wiechert's alleged life threatening injuries, medical expenses, physical pain, mental anguish, permanent scarring, and disability, and Mr. Wiechert's loss of consortium.
Dr. Patterson's answer admits that Ms. Wiechert sustained a laceration to her left common iliac artery during diagnostic laparoscopy and that she sustained internal bleeding, and that a laparotomy was necessitated to control the injury , however, he denies that he was guilty of any negligent act or omission which was the proximate cause of any injury or damages to Plaintiffs. Dr. Patterson avers that in treating Ms. Wiechert, he exercised that degree of skill and learning ordinarily used by members of his profession in good standing and in similar practice in his community, and that at all times he used reasonable care and diligence in the treatment of Ms. Wiechert. The answer further avers that to the extent Ms. Wiechert sustained any injury or that either of the plaintiffs sustained any damages arising out of the course of medical treatment administered by him, such injury or damage was in conjunction with known and unknown bodily processes, and had nothing to do with and was not caused by negligence or malpractice on his part. He also asserts that all medical practices, treatments and procedures administered by him were acceptable and appropriate for the physical condition of Ms. Wiechert.
Dr. Patterson filed a motion for summary judgment and an affidavit in support thereof. In his affidavit, Dr. Patterson expresses his knowledge of the standard of professional practice required and states that Ms. Wiechert was first seen by him in his office on May 12, 1994 with a chief complaint of a persistent breast lump. Ms. Wi
Page 1 2 3 4 5 6 7 8 9 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|