IKE J. WHITE, III v. DAVID A. BEEKS, M.D. - Articles

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Posted by: Tanja Trezise on Dec 9, 2013

Head Comment: With separate concurring opinion and dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

H. Franklin Chancey, Cleveland, Tennessee, for the appellant, Ike J. White, III.

Attorneys 2:

Richard A. Smith and Stacy Lynn Archer, Chattanooga, Tennessee, for the appellee, David A. Beeks, M.D.

Judge(s): FRIERSON

This appeal involves the question of whether the trial court properly limited a medical expert’s testimony at trial regarding the standard of care in an informed consent health care liability action. In the case at bar, the defendant filed a motion in limine seeking to limit the testimony of the plaintiff’s expert at trial regarding risks that should have been disclosed to the plaintiff to only those risks that actually resulted in injury. The trial court granted the motion. A jury trial was held, and the jury found in favor of the defendant. Plaintiff appeals, asserting that the trial court committed reversible error when it restricted the ability of the plaintiff’s medical expert to testify about other known risks. Discerning no error, we affirm.