(DOWNLOAD) "Mead v. Legacy Health System" by At Nashville, Heard At Cookeville Supreme Court of Tennessee * Book PDF Kindle ePub Free
eBook details
- Title: Mead v. Legacy Health System
- Author : At Nashville, Heard At Cookeville Supreme Court of Tennessee
- Release Date : January 28, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
In this medical malpractice case, plaintiff appeals a judgment for defendant, Dr. Adler, an on-call neurosurgeon who gave advice over the telephone to an emergency room physician or resident physician concerning plaintiffs care. The case turns on whether the circumstances of that communication gave rise to a physician-patient relationship between defendant and plaintiff. The trial court denied plaintiffs motion for a directed verdict on the issue of the existence of a physician-patient relationship and submitted the question to the jury, with instructions as to what constitutes such a relationship. On appeal, plaintiff assigns error to, among other rulings, the denial of her motion for a directed verdict, to the courts instruction to the jury, and to the courts failure to give her own requested instruction. She also assigns error to the trial courts evidentiary ruling with respect to Mary Carter agreements that plaintiff entered into with defendants Legacy Health System, Legacy Good Samaritan Hospital, and Dr. Leonard, all of whom have been dismissed from the case. Because we conclude that defendants conduct gave rise to a physician-patient relationship as a matter of law, we conclude that the trial court erred in submitting the question of the existence of a physician-patient relationship to the jury and reverse the judgment for defendant and remand.