Middle Section Affirms Med Mal Dismissal

CYNTHIA BEARDEN v. GREGORY LANFORD, M. D. AND NEUROLOGICAL SURGEONS, P. C.
Court: TN Court of Appeals

Attorneys:

Joe Bednarz, Sr., Joe Bednarz, Jr., Nashville, Tennessee, and Steven R. Walker, Oakland, Tennessee, for the appellant, Cynthia Bearden.

C.J. Gideon, Jr., Heather Piper, Nashville, Tennessee, for the appellees, Gregory Lanford,M.D. and Neurological Surgeons, P.C.

Judge: CLEMENT

In this medical malpractice action, the plaintiff alleged that the defendant, a neurosurgeon, negligently penetrated her spinal cord with a surgical instrument while performing a cervical fusion at two levels of her neck leading to partial paralysis and other neurological problems. She was ultimately diagnosed with a condition called Brown Sequard Syndrome. The issues were tried before a jury; however, several of the claims were dismissed on directed verdict. The remaining claims went to the jury which rendered a verdict on behalf of the defendant-neurosurgeon. The plaintiff raises numerous issues on appeal, the substance of which may be divided into three categories. First, she contends error associated with the directed verdict, the verdict form, and the jury instructions. In this regard she contends, inter alia, that the trial court erred in directing a verdict as to res ipsa loquitur because she presented the testimony of three expert witnesses of the defendant’s specific acts of negligence. The plaintiff also contends the court erred by dismissing all but three of her claims upon a directed verdict. Second, the plaintiff argues she was denied a fair trial due to inappropriate argument and misconduct. Third, she argues a host of errors secondary to evidentiary rulings. Finding no reversible error, we affirm.

.PDF Version of Case

Comment on this Article