It is Not Just Ordinary Negligence When the Defendant is a Healthcare Provider

posted on February 19th, 2008 in Expert Affidavit, Garden Variety Negligence by clint
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In Patterson v. Arif, 173 S.W.3d WL 8 (Tenn.Ct.App.2005), Mrs. Patterson filed a wrongful death action against Dr. Arif. Mrs. Patterson telephoned Dr. Arif’s office because her husband was experiencing shortness of breath. Dr. Arif’s staff instructed her to bring Mr. Patterson to his medical office and told her that Mr. Patterson could not be admitted to the hospital from home. Mrs. Patterson took Mr. Patterson to Dr. Arif’s office. She requested that Mr. Patterson be given oxygen and be admitted to the adjoining Delta Medical Center. Dr. Arif instructed her to take Mr. Patterson to St. Francis Hospital, which is miles away from Dr. Arif’s office. Dr. Arif’s nurse took Mr. Patterson’s blood pressure but administered no other care. Mrs. Patterson assisted Mr. Patterson to the car without a wheelchair or any assistance from Dr. Arif. As they were exiting the parking lot, Mr. Patterson stopped breathing. Mrs. Patterson immediately took Mr. Patterson to the Delta Emergency Room, where Mr. Patterson was diagnosed to be in full cardiac arrest. After five hours, Mr. Patterson died.

The Plaintiff filed a claim predicated on garden variety negligence and medical malpractice. Dr. Arif filed a motion for summary judgment with his own affidavit stating that he complied with the standard of care. Dr. Arif contended that the strict requirements of Tenn.Code Ann. § 29-26-115 demanded that the Plaintiff secure an expert. Mrs. Patterson did not file a counter-veiling expert affidavit because she considered the case one of “ordinary negligence.” She believed that the negligence was so obvious that a lay juror would not need expert testimony. The court of appeals disagreed. When a claim alleges negligent conduct which has a substantial relationship to the rendition of medical treatment by a medical professional, it is a case of medical malpractice. In other words, you should always get an expert when a healthcare provider is negligent.

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