All Content

Posted by: Landry Butler on Feb 23, 2017

Court: TN Court of Appeals

Attorneys 1:

Jon E. Jones and Patrick Shea Callahan, Cookeville, Tennessee, for the appellant, James J. Bogner, II.

Attorneys 2:

Thomas A. Wiseman, III, and Margaret Moore, Nashville, Tennessee, for the appellee, Vanderbilt University.

Judge(s): MCBRAYER

This is an appeal from a judgment entered on a jury verdict in favor of the defendant in a health care liability action. The plaintiff filed suit against the defendant hospital for medical malpractice, medical battery, and lack of informed consent. The trial court granted a partial directed verdict in favor of the defendant after the plaintiff presented evidence. At the close of all the proof, the trial court denied the plaintiff's motion for a directed verdict on the remaining issues of medical battery and informed consent. On appeal, the plaintiff claims that the trial court erred in denying the motion for a directed verdict, in refusing to adopt the plaintiff's special jury instructions, and in using a confusing special verdict form. Discerning no reversible error, we affirm the judgment of the trial court.