Health Care Liability
Expert Issues
Except as indicated, all indented material is copied directly from the court’s opinion.
Decisions of the Tennessee Supreme Court
Borngne v. Chattanooga-Hamilton County Hospital Authority, No. E2020-00158-SC-R11-CV, p. 5 (Tenn. May 23, 2023).
However, the defendants here are asking this Court to recognize for the first time that a defendant physician may refuse to give his or her expert opinion as to certain matters in a healthcare liability action. This is a question of law that we review de novo. Moore v. Lee, 644 S.W.3d 59, 63 (Tenn. 2022) (quoting Fisher v. Hargett, 604 S.W.3d 381, 395 (Tenn. 2020)); see also Carney-Hayes v. Nw. Wis. Home Care, Inc., 699 N.W.2d 524, 532 (Wis. 2005). Therefore, the trial court’s conclusion on this issue is not entitled to a presumption of correctness.
Decisions of the Tennessee Court of Appeals
