MD Escapes Liability for PA's Conduct

MARCHELLE BUMAN, EXECUTOR OF THE ESTATE OF KENNETH JENKINS v. ALYCIA D. GIBSON, P.A., THOMAS PAUL EVANS, M.D., ANDREW H. LUNDBERG, M.D., AND PARIS SURGICAL SPECIALISTS, PLLC
Court: TN Court of Appeals

Attorneys:

Al H. Thomas and Aaron L. Thomas, Memphis, Tennessee for Plaintiff/Appellant Marchelle Renee Buman, Executor of the Estate of Kenneth Jenkins.

William H. Haltom, Jr., Memphis, Tennessee for the Defendant/Appellee Thomas Paul Evans, M.D.

Judge: SUMMERS

This is a health care liability action involving a physician’s duties when supervising a physician’s assistant. The plaintiff alleged the supervising physician negligently supervised a physician’s assistant which resulted in the eventual amputation of the plaintiff’s leg. The physician moved for summary judgment, contending that he complied with all statutory duties. The plaintiff responded to this motion and simultaneously moved to amend her complaint to allege that the physician was vicariously liable for the negligent actions of the physician’s assistant. The trial court denied the plaintiff’s request to amend her complaint and granted the physician’s motion for summary judgment. Discerning no error, we affirm.

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