This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free You can either fax, mail, or scan and email the form to us as noted below: 1. He said that he was a gynecology-obstetrics expert for TennCare. Sumner Community Hospital is located in Wellington, Kansas, and provides 15+ Kansas communities with superb inpatient and outpatient medical care, as well as emergency services. Further, he stated that he practiced in obstetrics and gynecology in Georgia from 1972 to 1993. Scan an… To access or sign up for access to the patient portal, go to www.sehmychart.org.To use the request form, it must be completely filled out to include, but not limited to, a contact phone number along with the patient’s or legal guardian’s signature and date/time of the signature. We reverse and remand, finding that the affidavit of the plaintiffs' expert indicated that he was competent to testify about obstetrics and satisfied the locality rule. at 648. In Mabon, the defendant physician practiced in Jackson, Tennessee. The plaintiffs now appeal. The defendant obstetrician-gynecologist had not previously treated *359 the plaintiff, but was the attending physician for the delivery of her baby. 5100 Prairie ParkwaySuite 101Cedar Falls, Iowa 50613, 1655 E San Marnan Dr.Suite HWaterloo, Iowa 50702, 1731 W Ridgeway Ave.Suite 100Waterloo, Iowa 50701, 101 Cedar River PkwySuite 101Waverly, Iowa 50677. Approximately four weeks later, well after the estimated due date, the Sumner County Health Department scheduled Mother for an induced delivery at Sumner Medical. She had reported leaking amniotic fluid, with a history of delivering a nine-pound baby in 1995. M2001-02054-COA-R3-CV, 2003 WL 22794521, at *6 (Tenn.Ct.App. Through his service on the TennCare Board, Dr. Engel asserted, he had become familiar with the medical resources available to obstetricians in communities similar in size to Gallatin. Finally, Dr. Engel states that he has visited hospitals in communities similar to Gallatin, and he has attended seminars where he further became familiar with the standard of care for obstetricians in communities similar to Gallatin. Coronavirus (COVID-19) Preparedness Information Learn More (615) 328-8888 1-800-424-DOCS See id. Main number: 615-328-8888 Central Scheduling: 615-328-6500 Patient Information: 615 … Although the focus of Dr. Engel's practice has shifted away from obstetrics to gynecology, he asserts that he maintains his knowledge about the standard of care in obstetrics through, among other things, teaching classes at Emory University and attending seminars and conferences on obstetrics and gynecology. [2] The more common problem with expert testimony occurs when the expert is certified in a different specialty as the defendant, but claims that he is nonetheless familiar with the applicable standard of care. However, he maintained that he had become familiar with the applicable standard of care for surgeons by consulting with physicians on infectious diseases and by visiting hospitals in his role as an educator. W2001-01157-COA-R3-CV, 2002 WL 1000196, at *6 (Tenn.Ct.App. Our knowledgeable technologists and staff perform diagnostic testing with personal care and attention, taking time to educate you on each procedure so you will know what to anticipate every step of the way. See Howell v. Baptist Hosp., No. The defendant psychiatrist argued that the neurologist was not qualified to testify because he did not practice in the same specialty or location as the defendant. Discovery ensued. We know that the idea of surgery and recovery can sometimes cause a lot of anxiety, but know that the surgery team at Community Memorial Hospital is here to relieve your fears and provide support and compassion to you and your family every step of the way. Once the moving party demonstrates that there are no genuine issues of material fact, the non-moving party must demonstrate, by affidavits or otherwise, that a disputed issue of material fact exists for trial. Accordingly, we reverse the trial court's grant of summary judgment in favor of Dr. Phillips. In Ledford v. Moskowitz, 742 S.W.2d 645 (Tenn.Ct.App.1987), the defendant psychiatrist admitted the plaintiff into the hospital for dysthymic disorder. © 2020 National Center for Medical Records. In our effort to reduce community spread of COVID-19, we are asking all patients to PLEASE CALL AHEAD before visiting a clinic. The defendant objected to the expert's testimony, arguing that he was not qualified to give an opinion as to the standard of care in the medical field of the defendant physician. Community Memorial Hospital in Sumner, Iowa provides the best care at its hospital and CMH Medical Clinic and specialty clinics. From the expert's deposition testimony, however, it became apparent that he had no knowledge about Jackson's medical community, nor did he have any evidence on which to base his opinion that the standard of care in Jackson was the same nationwide. Mail:MultiCareAttention: Health Information Department;PO Box 5299;Tacoma WA 98405 or; 3. We help you request your medical records, get driving directions, find contact numbers, and read independent reviews. In addition, the determination of the trial court regarding the "admissibility, qualifications, relevancy and competency" of expert testimony, will be upheld absent an abuse of discretion. Unknown, Author: At Community Memorial Hospital, it's easy and convenient to get your lab testing done with our Walk-In Wellness Program. The Community Memorial Hospital emergency department is open 24/7, and our team is always ready in any emergency situation. We The plaintiff subsequently developed an infection in the surgical wound that lasted for several days. at 647-48. Furthermore, the court found it significant that the plaintiff's expert was board certified in neurology and psychiatry, and that he frequently saw patients with psychiatric problems and referred them. Id. In this case, Dr. Engel's affidavit contains information that was lacking in the affidavit scrutinized in Mabon. The plaintiff sued the defendant psychiatrist, claiming that he negligently prescribed and supervised the administration of anti-psychotic drugs. The plaintiff offered the expert testimony of a psychiatrist, who sought to testify that the defendant physician breached the standard of care by giving the plaintiff the wrong medication and putting her in an insecure room. The appellate court must view the evidence in a light most favorable to the nonmoving party, giving that party the benefit of all reasonable inferences. The appellate court reversed, finding that the expert's opinion regarding the prevention *366 and treatment of surgical wound infections was admissible in light of his experience. May 13, 2002). Because the plaintiff's expert did not set forth specific facts showing that he was familiar with the standard of care in Jackson, or that the standard with which he was familiar pertained to a community similar to Jackson, the court upheld the grant of summary judgment in favor of the defendant. The trial court admitted the expert's testimony. § 29-26-115(b). Sumner Regional Medical Center has been providing quality health care to Gallatin, TN and the surrounding areas for over 60 years. Hosp., 968 S.W.2d 826, 831 (Tenn.Ct.App.1997); see also Tilley, 2002 WL 1000196, at *6. He then sets out the basis for his familiarity with the standard of care in those communities, stating that he receives gynecological and fertility referrals from physicians in those communities, that he has reviewed medical records from hospitals from those communities, and that he has attended seminars and conferences that have familiarized him with the applicable standard of care in those communities. In addition to his private practice, Dr. Engel stated, since 1999, he had served on the State of Tennessee Bureau of TennCare, Medical Service Appeals Board ("TennCare Board"). This case presents a very close issue. Permission to Appeal Dismissed by Supreme Court April 5, 2004. The defendant psychiatrist filed a motion for summary judgment. The requirements for a plaintiff in a medical malpractice case is set out in Tennessee Code Annotated § 29-26-115, which states in pertinent part: Tenn.Code Ann. Kids are busy with sports, show choir and more? He asserts that, "[b]ecause of the referrals I receive from Muscogee County and Floyd County, I am familiar with the standard procedures and practices of obstetricians in Georgia communities similar to Gallatin...." He also states that he is "familiar with the standard of care for obstetrics and gynecology in 2000 in Rome, Floyd County, Georgia," and that he is "familiar with the standard of care for obstetrics and gynecology in 2000 in Columbus, Muscogee County, Georgia." On December 10, 2001, Dr. Phillips filed an answer, denying the plaintiffs' allegations of negligence. Holly M. Kirby. TTY Phone (563)578-2174. Locations. Medical Records will help you get free quotes and shop plans with little time and effort. Id. Learn more, Need a wellness test? The expert also stated that he kept up with the applicable standard of care through literature and training in psychiatry, and that he was familiar with anti-psychotic medications. See Searle, 713 S.W.2d at 64 (noting that there is no requirement that the expert's knowledge of the applicable standard of care "have been gained by treating patients in private practice"); Ledford, 742 S.W.2d at 647 (noting that plaintiff's expert was board certified in defendant's specialty and that the expert "kept up with literature" related to that specialty). Thus, because the "proof sufficiently meets the standards set out in the statute," we reverse the trial court's conclusion that Dr. Engel is incompetent based on the "practice" requirement of the statute. In his affidavit, Dr. Engel states that, through his service on the TennCare review board, he has "become familiar with the medical resources available to obstetricians in communities similar in size to Gallatin," and he is "familiar with the treatment, care and skill of practitioners in communities similar to Gallatin." In the instant case, the plaintiffs argue that the following facts in Dr. Engel's affidavit support a finding that his testimony would be relevant to the issues in the case: Dr. Phillips argues that these facts are not sufficient, because testimony given by Dr. Engel in other cases confirms that, since 1993, he has only treated first-trimester and post-delivery patients, and that he has made a concerted effort to devote his practice exclusively to gynecology.
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