STEPHNY DENISE YOUNG, ET AL. v. RICHARD JORDAN, MD, ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Sep 20, 2016

Court: TN Court of Appeals

Attorneys 1:

Stephen W. Vescovo, Clarissa McClain Cissell, and Laura Lampton Deakins, Memphis, Tennessee, for the appellants, Richard Jordan and The Medical Group of Memphis, PLLC, d/b/a The Medical Group.

Attorneys 2:

Donald A. Donati and Thomas J. Long, Memphis, Tennessee, for the appellees, Stephny Denise Young and Ben Young.

Judge(s): ARMSTRONG

This is a healthcare liability case. Appellees, patient and her husband, filed suit against Appellants, physician and employer. Appellants raised the affirmative defense of comparative fault based on the fact that Appellee/patient had been non-compliant with medical advice. Appellees moved for partial summary judgment on the affirmative defense of comparative fault. The trial court granted the motion, and Appellants appeal. Because expert testimony adduced during discovery creates a dispute of material fact as to the question of Appellees’ non-compliance with medical advice and the effect of such non-compliance on Appellees’ injury, the grant of summary judgment was error.

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