Sunday, May 20, 2007

Court Orders New Trial in Medical Malpractice Action Due to Unqualified Expert under TCA § 29-26-115(a)(1)

Patrice Allen, et al. v. Methodist Healthcare Memphis Hospitals, et al. - W2006-01558-COA-R3-CV
Shelby County - This is a medical malpractice action in which the jury found in favor of Defendant hospital. Plaintiff asserts Defendant’s expert was not qualified under Tennessee Code Annotated § 29-26-115(a)(1), and that the matter accordingly should be remanded for a new trial. We reverse the trial court’s order denying Plaintiff’s motion for new trial, vacate the judgment on jury verdict, and remand for a new trial.