Amanda Lynn DeWald, and husband, Thomas B. DeWald v. HCA Health Services of Tennessee, Inc., d/b/a Stonecrest Medical Center, and Adrian Lamballe

Amanda Lynn DeWald, and husband, Thomas B. DeWald v. HCA Health Services of Tennessee, Inc., d/b/a Stonecrest Medical Center, and Adrian Lamballe - M2006-02369-COA-R9-CV View Rutherford County - This Tenn. R. App. P. 9 interlocutory appeal concerns a hospital’s liability for the alleged negligence of a radiologist with staff privileges at the hospital, based upon the theory of apparent agency. The trial court overruled the hospital’s motion for summary judgment on the issue of apparent agency, but granted the hospital permission to appeal pursuant to Tenn. R. App. P. 9. Because the steps taken by the hospital to disavow that the radiologist was an agent of the hospital were sufficient to preclude the plaintiffs’ claims based on apparent agency, we reverse the trial court’s order denying summary judgment.

In Re: Estate of Jewell B. Green v. Carthage General Hospital, Inc.

In Re: Estate of Jewell B. Green v. Carthage General Hospital, Inc. - M2006-01489-COA-R3-CV VIew Smith County - A hospital filed a claim for unpaid services provided to decedent. The decedent’s estate filed an exception asserting, inter alia, that the claim was void because it was filed by a nonlawyer officer or employee of the nonprofit corporation hospital. The trial court struck the claim, finding it void. We hold the filing of a claim by a nonlawyer is not the unauthorized practice of law because it does not require the professional judgment of a lawyer. Accordingly, we reverse the trial court.

Jeffrey R. McMahan vs. Sevier County

Jeffrey R. McMahan vs. Sevier County, et al - E2005-02028-COA-R3-CV ViewSevier County - The plaintiff’s complaint was filed April 20, 2004. In its present posture, this medical malpractice case involves the claim of the plaintiff, Jeffrey R. McMahan, that his left leg had to be amputated as a result of the malpractice of John D. Watson, M.D.; Southeastern Emergency Physicians, Inc. (“SEP”); Fort Sanders Regional Medical Center (“Ft. Sanders Knoxville”); and Fort Sanders Sevier Medical Center (“Ft. Sanders Sevier”). Each of these defendants filed a motion to dismiss. The two sides filed material in support of their respective positions, after which the trial court heard oral argument. Later, the court entered an order dismissing the plaintiff’s complaint. The sole issue is whether the defendants are entitled to summary judgment based upon their claim that the plaintiff’s complaint was filed outside the period of the applicable statute of limitations. We hold that the material relied upon by the defendants fails to establish the absence of a genuine issue of material fact as to whether the plaintiff “discover[ed], or in the exercise of reasonable care and diligence for his own health and welfare, should have discovered the resulting injury,” see Teeters v. Currey, 518 S.W.2d 512, 517 (Tenn. 1974), more than one year before the date of filing of the original complaint. Accordingly, we vacate the trial court’s grant of summary judgment and remand for further proceedings.