(Photo: Andrey_Popov/Shutterstock.com) State Appellate Court Reinstates Med-Mal Case After Expert Witness Standard-of-Care Discrepancies
Trial court did not allow plaintiff chance to address additional grounds: "A party cannot raise new issues in a motion to alter or amend."
May 22, 2023 at 03:12 PM
5 minute read
The Tennessee Court of Appeals has partially reversed summary judgment in favor of a hospital who challenged the credibility and standard-of-care competency of an out-of-state expert after finding the trial court erred in disqualifying her without providing the plaintiff sufficient notice and an opportunity to respond.
The appellate court concluded that the expert was competent to testify, according to its opinion issued May 18.
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