Appellate

C. J. Gideon

McCord v. HCA Health Services of Tennessee, Inc.

(Tennessee Court of Appeals, September 27, 2016), First appellate decision affirming award of maximum fees and expenses to our hospital client for dismissal of several claims in a multi-count complaint by a physician asserting improper termination of his medical staff privileges.

McCord v. HCA Health Services of Tennessee, Inc.

(Tennessee Court of Appeals, April 27, 2015) Court of Appeals affirms dismissal of physician suit following peer review proceeding at client facility.

Bearden v. Neurological Surgeons, P.C.

(Tennessee Court of Appeals, December 30, 2013), Affirming jury verdict for neurosurgeon client in post-operative paralysis case.  The Supreme Court denied the application for permission to appeal on May 14, 2014.

Deuel v. The Surgical Clinic, PLLC

(Tennessee Court of Appeals, September 11, 2013), Affirming jury verdict for client and addressing evidence admissible at trial in a res ipsa loquiter claim.

Wilson v. Americare Systems, Inc.

(397 S.W.2d 552, Tenn. 2012), Reinstating jury verdict for client, and addressing material evidence standard for appellate review of jury verdicts.

Jackson v. HCA Health Services of Tennessee, Inc.

(383 S.W.3d 497, Tenn.App. 2012, perm.app.den. 2012), Constitutionality of certificate of merit provisions of T.C.A. 29-26-122.

Cox v. M.A. Primary and Urgent Care Clinic

(313 S.W.3d 240, Tenn. 2010) Standards of care applicable to claims against physician assistants.

Powell v. Community Health Systems, Inc.

(312 S.W.3d 496, Tenn. 2010), Defining original source exception to the peer review privilege.

Grisham v. McLaughlin

(Tenn.App. 2009), Affirming summary judgment for physician client and addressing qualification of opposing opinion testimony.

Levine v. March

(266 S.W.2d 426, Tenn. App. 2007) Affirming jury verdict and judgment for fraudulent transfers and conversion against the relatives of Perry March.

Digregorio v. Gary Jackson, M.D.

(2007 WL 2751803, Tenn. App. 2007) Affirming summary judgment for client based on statute of limitations of T.C.A. 29-26-116.

Miller v. Dacus

(231 S.W.3d 903, Tenn. 2007), Addressing informed consent in labor and delivery.

Kelley v. Middle Tennessee Emergency Physicians, P.C.

(236 S.W.3d 708, Tenn. App. 2007), Creation of and scope of physician-patient relationship.

Curtsinger v. HCA Health Services of Tennessee, Inc.

(2007 WL 1241294, Tenn. App. 2007), Affirming summary judgment under T.C.A. 63-6-219 and the HCQIA following physician peer review.

Harris v. Abram, M.D.

(2004 WL 2663668, Tenn. App. 2004), Affirming jury verdict for neurosurgeon client.

Cooksey v. HCA Health Services of Tennessee, Inc.

(2001 WL 1328539, Tenn.App. 2001), Affirming summary judgment for client and defining claims requiring expert testimony.

Dunham v. Stones River Hospital, Inc.

(40 S.W.3d 47, Tenn. App. 2000), Affirming summary judgment for client.

Bryant v. HCA Health Services of Tennessee, Inc.

(15 S.W.3d 804, Tenn. 2000), Defining duty to obtain informed consent under T.C.A. 29-26-118.

Jones v. HCA Health Services of Tennessee, Inc.

(1999 WL 1206691, Tenn. App. 1999), Application of standard of care rules to hospital nursing services.

Kennedy v. Holder

1 S.W.3d 670 (Tenn. App. 1999)(grant of summary judgment in foreign body case).

Harris v. Buckspan, M.D.

(984 S.W.2d 944, Tenn. App. 1998), Defining proof required to establish deviation from the standard of care under T.C.A. 29-26-115 and a claim for lack of informed consent under T.C.A. 29-26-118.

Seffernick v. St. Thomas Hospital

(969 S.W.2d 391, Tenn. 1998), Affirming authority of trial court to strike "expert testimony under T.R.E. 703.

Frakes v. Cardiology Consultants

(1997 WL 536949, Tenn. App. 1997), Affirming jury verdict in favor of cardiologist and defining scope of T.R.E. 618.

Knight v. Hospital Corporation of America

(1997 WL 5161, Tenn. App. 1997), Affirming summary judgment in favor of client and affirming trial court's power to strike untrustworthy opinion testimony.

Rose v. HCA Health Services of Tennessee, Inc.

(947 S.W.2d 144, Tenn. App. 1996), Leading appellate decision governing trial court waiver of the contiguous state rules of T.C.A. 29-26-115.