Deborah L. Akers v. Heritage Medical Associates, P.C.
Case Details
- Judge(s)
- Presiding Judge Frank G. Clement, Jr.
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- summary judgment affirmed on appeal
Related Laws
No specific laws identified for this ruling.
Outcome
Trial court granted defendants' motion for summary judgment, dismissal, and sanctions. Appellate court affirmed, finding plaintiff failed to obtain competent expert witness on standard of care and filed non-compliant certificate of good faith.
Excerpt
This is a health care liability action in which the plaintiff asserted claims of professional negligence, negligent supervision, and medical battery against a physician's assistant, a dermatologist, and their employer. The trial court granted the defendants' motion for summary judgment under Tennessee Rule of Civil Procedure 56.02, motion for dismissal under Tennessee Rule of Civil Procedure 37.02, and motion for sanctions under Tennessee Code Annotated section 29-26-122(d). We agree with the trial court's determination that the plaintiff failed to obtain a competent expert witness to testify on the applicable standard of care as required by Tennessee Code Annotated section 29-26-115 and violated Tennessee Code Annotated section 29-26-122 by filing a non-compliant certificate of good faith. Accordingly, we affirm the trial court's dismissal of plaintiff's action and award of sanctions.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Appellant challenges the summary-judgment dismissal of her claims under the Minnesota Human Rights Act (MHRA), her claims under the Minnesota whistleblower act (MWA), and her claims for negligent hiring, supervision, and retention. She also challenges the district court's denial of her motions to compel discovery. Because no genuine issues of material fact exist precluding the grant of summary judgment for respondents and any error related to the motions to compel is harmless, we affirm.
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