Where the trial court granted summary judgment on two grounds in a Tennessee medical malpractice case, but plaintiff only raised one of the grounds in her appeal, summary judgment was affirmed.
In Lovelace v. Baptist Memorial Hospital-Memphis, No. W2019-00453-COA-R3-CV (Tenn. Ct. App. Jan. 16, 2020), plaintiff filed an HCLA suit after her husband died following treatment at defendant hospital. During his time at the hospital being treated for pneumonia, he developed seven pressure ulcers on his body, and though he was transferred to a different facility, he passed away.
Plaintiff filed this health care liability suit and attached the affidavit of her expert witness, Brenda Moore, who was a “registered nurse with a doctorate of nursing practice.” Nurse Moore was eventually deposed, after which defendant filed a motion for summary judgment. The trial court granted summary judgment to defendant on two grounds: 1) that plaintiff’s identified expert did not provide sufficient causation testimony, and 2) that Nurse Moore was not competent to testify under Tennessee’s HCLA statutes.