Kristin McKenzie Women's Health Services-Chattanooga, P.C.

Excerpt

Kristin McKenzie and her husband, Joshua McKenzie, filed this health care liability action individually, and on behalf of their infant child, Jacob, who sustained injuries during his birth. As a result of these injuries, Jacob has limited use of his left arm. The plaintiffs allege that defendant Dr. Matthew A. Roberts was negligent in the delivery of Jacob. They assert that he applied a vacuum extractor during the delivery without first obtaining mother's informed consent. Following a two-week trial, the jury returned a verdict in favor of Dr. Roberts and his employer. Plaintiffs argue that the trial court committed several errors that entitle them to a new trial. They claim that the court erred in allowing the introduction of evidence that violates the collateral source rule. Specifically, they argue that the defendants were allowed to extensively cross-examine plaintiffs' witnesses regarding possible health insurance benefits under the Affordable Care Act and other benefits under the Individuals with Disabilities Education Act. The plaintiffs argue that the defendants pursued this line of interrogation in an attempt to show that some of Jacob's needs would be covered by these collateral sources. The plaintiffs state that the trial court also erred in restricting the scope of the plaintiffs' argument. Plaintiffs assert that the trial court erred in instructing the jury on the sudden emergency doctrine. Finally, they argue that the trial court erred in its jury instruction regarding the concepts of "foresight" and "hindsight." Plaintiffs appeal, arguing reversible errors on the part of the trial court. We vacate the trial court's judgment on the jury verdict. We affirm some of the actions of the trial court, actions that are challenged by plaintiffs. We vacate the trial court's order awarding the defendants $81,343.47 in discretionary costs. This case is remanded to the trial court for further proceedings.