The Tennessee Court of Appeals recently criticized a lower court’s action in a wrongful death case involving accusations against health care providers. The appellate court found the decision to exclude a plaintiff’s expert witness to be excessively severe. The panel, in an opinion issued on February 21, overturned the trial court’s summary judgment in favor of West Tennessee Medical Group and Jackson Radiology Associates. This case was initiated by Shirley Buckley following the tragic death of her daughter due to brain hemorrhaging.
In delivering the court’s opinion, Judge Kenny Armstrong emphasized the principle that exclusion of an expert witness is unwarranted absent “a clear record of delay or contumacious conduct.” Armstrong’s remark highlights the need for compelling reasons before courts resort to such stringent measures.
Details on the case and the implications of this ruling can be explored further in the Law.com article.