Deuel v. The Surgical Clinic, PLLC, No. M2009-01551-COA-R3-CV, 2010 WL 3237297 (Tenn. Ct. App. Aug. 16, 2010)

H. Anthony Duncan

Case Conclusion Date:August 16, 2010

Practice Area:Medical Malpractice

Outcome:Favorable to Plaintiff (my client). Summary judgment in favor of the defendants was reversed and the case was remanded back to the the trial court.

Description:This case, among other things, dealt with res ipsa loquitur and the common-knowledge exception to the general requirement of expert testimony in medical malpractice cases. It is noteworthy that the Tennessee Court of Appeals held that the element of "exclusive control" of res ipsa could be established even if multiple persons shared that control, which was contrary to the defense's contention.