New Post on the Day on Torts dated 03/18/2025
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Day on Torts

Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.

ER doctor (former surgeon) not competent to testify about post-surgical care.

By The Law Offices of John Day, P.C. on Mar 17, 2025 05:58 am

A doctor’s experience in an emergency room did not make him competent to testify under the HCLA about the post-surgical care the plaintiff received.

In Hurley v. Pickens, No. E2023-01610-COA-R3-CV (Tenn. Ct. App. Mar. 4, 2025), the plaintiff filed a health care liability claim based on the care he received after a planned bladder surgery in 2014. Despite the plaintiff’s complaints during his hospitalization after the surgery, no follow up testing was ordered until the plaintiff was diagnosed with septic shock. The plaintiff suffered severe complications which resulted in a three-week coma and two additional surgeries.

The plaintiff filed this HCLA case, and he named as his expert Dr. Orr. Dr. Orr was licensed to practice medicine in Mississippi, and during 2013, he entered a surgical oncology fellowship. During 2013, he also worked at least some amount of time in an emergency room.


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