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Wilson v. Patterson8/10/2001
malities in Ms. Wiechert's anatomical structures.
Admittedly, when a plaintiff is relying on the standard of care in a similar community, there must be proof that the community is similar to the one where the defendant physician practices. See Mabon v. Jackson-Madison County General Hosp., 968 S.W.2d 826, 831 (Tenn. Ct. App. 1997). Although Dr. Swan's testimony concerning the similarity of Lexington and Memphis is somewhat meager, we believe this testimony in conjunction with Dr. Swan's testimony concerning his knowledge of the standard of care of Memphis is barely sufficient to withstand attack at the summary judgment stage of the proceeding. Therefore, the order striking Dr. Swan's affidavit should be reversed and his testimony in its entirety considered for summary judgment purposes.
Viewing the record as a whole and considering Dr. Swan's testimony along with the testimony of Dr. Patterson, there does appear to be material issues of fact in dispute concerning deviation from the standard of care.
Accordingly, the order of the trial court granting summary judgment to defendant is reversed. The case is remanded to the trial court for further proceedings as may be necessary. Costs of the appeal are assessed against the appellee, Dr. Rushton E. Patterson.
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