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Robinson v. Lecorps9/25/2001
This case arises from a medical malpractice suit in which defendant's motion to dismiss was granted pursuant to Tenn. Code Ann. ยง 29-26-115 after plaintiff's sole expert was excluded from testifying because his testimony was based on a national standard of orthopedic care. For the reasons below, we affirm the lower court's decision to exclude the plaintiff's medical proof. We also affirm the dismissal of the case.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded
Patricia J. Cottrell, J., delivered the opinion of the court, in which William C. Koch, Jr., and William B. Cain, JJ., joined.
OPINION
The plaintiff's medical malpractice complaint was dismissed after the trial court granted the defendant's motion in limine to exclude the evidentiary deposition of plaintiff's only expert witness. If the expert's testimony was properly excluded, the plaintiff would be unable to meet his burden of proof on the elements of medical malpractice. The basis for the trial court's exclusion of the testimony of the expert was the failure of the expert to demonstrate knowledge of the standard of care in Nashville, the community where the defendant practices. The background relevant to our consideration of this appeal is as follows.
Plaintiff, Jackie Robinson, an inmate at Riverbend Maximum Security Institute, injured his ankle when it was caught and twisted between two railroad ties on March 11, 1994. He was first treated in the prison infirmary by a nurse. Several days later an x-ray was ordered, and he was treated conservatively by Dr. Frank Thomas. When the x-ray revealed a fracture, Mr. Robinson was transported to Meharry Medical Center for treatment by defendant, Dr. Patrick LeCorps. Dr. LeCorps was under a contract with the Department of Correction to provide health care to inmates.
On March 15, Dr. LeCorps set the fracture, applied a long leg cast and ordered a re-examination in two weeks. On March 22, 1994 Dr. LeCorps performed a closed reduction procedure. Mr. Robinson purportedly suffered continued pain prior to his next visit on April 5, at which time Dr. LeCorps removed the long cast and reset the ankle with a short cast. On April 15, Mr. Robinson removed the cast himself after it got wet. When Dr. LeCorps examined the ankle on April 19, Mr. Robinson complained of pain and was prescribed medication. On May 3, Mr. Robinson again complained of pain and was prescribed more medication. However, Dr. LeCorps told him that the fracture was fully healed as evidenced by an x-ray. Thereafter, Mr. Robinson continued to complain of pain to workers at the prison infirmary. He was seen by Dr. LeCorps on July 5, 1994 and complained of pain when turning his foot and on ambulation, but Dr. LeCorps stated there was no neurovascular deficit.
In December 1994, Mr. Robinson was transported to Meharry again after experiencing pain. He was treated by Dr. William Bacon who diagnosed post-traumatic arthritis in Mr. Robinson's ankle. In November 1995, Mr. Robinson underwent an arthrodesis, a procedure in which his ankle joints were fused.
In September 1996, Plaintiff commenced the underlying action, asserting that Dr. LeCorps' treatment of his ankle was negligent. Subsequently, Plaintiff identified his sole medical expert witness as Dr. William Kennedy and provided Dr. Kennedy's report, which included his statement that he was a licensed orthopedic physician actively practicing medicine in Tennessee during the year preceding March, 1994. In February 1999, the evidentiary deposition of Dr. Kennedy was taken. Dr. Kennedy has practiced in the state Tennessee since 1972, primarily in Johnson City. He is c
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