BRITTANY NICOLE VANDYKE v. BROOKE E. FOULK, M.D., ET AL. - Articles

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Posted by: Landry Butler on Sep 18, 2017

Court: TN Court of Appeals

Attorneys 1:

Mark T. Hurt, Abingdon, Virginia, for the appellant, Brittany Nicole VanDyke.

Attorneys 2:

Charles T. Herndon, IV, Elizabeth M. Hutton, and Stephanie E. Stuart, Johnson City, Tennessee, for the appellees, Medical Education Assistance Corporation, Brooke Elliott Foulk, M.D., and Howard Ernest Herrell, M.D.

Frank H. Anderson, Jr., Johnson City, Tennessee, for the appellee, Mountain States Health Alliance d/b/a Johnson City Medical Center.

Judge(s): MCCLARTY

This is a medical malpractice action in which the plaintiff filed suit against the hospital and her physicians following the death of her newborn son hours after his delivery. The case proceeded to a jury trial. The jury found in favor of the defendants. Following the denial of post-trial motions, the plaintiff appeals, claiming the trial court erred in excluding testimony and when it gave a jury instruction on the sudden emergency doctrine. We reverse and remand for a new trial.

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