ELVIS BOGLE EX REL. MINNIE LUCILLE BOGLE V. NIGHTHAWK RADIOLOGY SERVICES, LLC ET AL. - Articles

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Posted by: Chandra Williams on Apr 7, 2016

Court: TN Court of Appeals

Attorneys 1:

Jon E. Jones and Patrick Shea Callahan, Cookeville, Tennessee, for the appellant, Elvis Bogle.

Attorneys 2:

James E. Looper, Jr. and Charles E. Moody, Nashville, Tennessee, for the appellees, NightHawk Radiology Services, LLC and Thomas B. Jones.

Judge(s): CLEMENT

Plaintiff appeals from a defense verdict in a medical malpractice action. Plaintiff alleged that the one of the defendants, a general radiologist, deviated from the standard of care by failing to diagnose and report that a pacemaker lead had perforated the decedent’s heart. The dispositive issue in this appeal is whether the trial court erred by denying Plaintiff’s motion to strike the testimony of the defendants’ expert witness who testified that the defendant radiologist complied with the standard of care. Plaintiff insists that the expert did not know the applicable standard of care; therefore, his testimony should have been stricken. The defendants insist the expert witness was qualified to provide standard of care opinions for a general radiologist and that the trial court correctly instructed the jury to weigh his testimony along with that of other expert witnesses who testified. Finding no error with the trial court denying Plaintiff’s motion to strike, we affirm.

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