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Posted by: Amelia Ferrell Knisely on Feb 10, 2016

Court: TN Court of Appeals

Attorneys 1:

Jonathan T. Martin, Joshua A. Hillis, and Taylor B. Davidson, Memphis, Tennessee, for the appellant, DMC-Memphis, Inc. d/b/a Delta Medical Center.

Attorneys 2:

Les Jones and Charles Silvestri Higgins, Memphis, Tennessee, for the appellees, Brenda Osunde and Samuel Osunde.

Judge(s): GOLDIN

This interlocutory appeal concerns the trial court?s partial dismissal of a case concerning alleged negligence committed against Plaintiff/Appellee Brenda Osunde (“Mrs. Osunde”). Mrs. Osunde filed a complaint in the trial court alleging a medical malpractice claim against DMC-Memphis, Inc. (“DMC”), as well as a claim for common law negligence, after she sustained a fall while at DMC?s hospital, Delta Medical Center. When Mrs. Osunde failed to disclose any experts pursuant to the trial court?s scheduling order, DMC moved for summary judgment. In adjudicating DMC?s motion, the trial court drew a distinction between Mrs. Osunde?s “health care liability action,” which it dismissed for her failure to produce an expert, and Mrs. Osunde?s common law negligence claim, which it ruled should proceed to trial. After ruling on the motion for summary judgment, the trial court stayed further proceedings and granted DMC leave to pursue interlocutory review in this Court. Although we agree with DMC that all of Mrs. Osunde?s asserted claims give rise to a “health care liability action” within the meaning of the Tennessee Code, we disagree with DMC?s assertion that expert testimony is required to prove Mrs. Osunde?s allegations of negligence. As such, we affirm the trial court?s decision to allow this case to proceed to trial.