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Laws-info.com » Cases » Tennessee » Court of Appeals » 2001 » Mary Henry vs. Obstertrics and Gynecology Consultants
Mary Henry vs. Obstertrics and Gynecology Consultants
State: Tennessee
Court: Tennessee Eastern District Court
Docket No: E2001-01246-COA-R3-CV
Case Date: 12/11/2001
Plaintiff: Margaret Henry
Defendant: Cedar Creek Home Health Agency
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
December 11, 2001 Session

MARY HENRY, ET AL. v. OBSTETRICS AND GYNECOLOGY
CONSULTANTS, P.C., ET AL.
Appeal from the Circuit Court for Knox County
No. 1-185-98 Dale C. Workman, Judge
FILED FEBRUARY 8, 2002
No. E2001-01246-COA-R3-CV

Mary Henry and Travis Henry sue Obstetrics and Gynecology Consultants, P.C., and Jeffrey R. Dell, M.D., for medical malpractice which they contend resulted in the death of their daughter.  The Trial Court excluded the testimony of the expert witness presented by the Henrys on the ground that he was not entitled to testify because he did not know the standard of care on the date of the alleged malpractice in Knoxville or a similar community.  We affirm.
Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed;
Cause Remanded

HOUSTON M. GODDARD, P.J., delivered the opinion of the court, in whichWILLIAM H. INMAN, SR. J., joined. HERSCHEL P. FRANKS, J., filed a concurring opinion.
J. D. Lee and Dan C. Stanley, Knoxville, Tennessee, for the Appellants, Mary Henry and Travis Henry
James G. O' Kane, Knoxville, Tennessee, for the Appellees, Obstetrics and Gynecology Consultants, P.C., and Jeffrey R. Dell, M.D.

OPINION
Mary Henry and Travis Henry, parents and next of kin of Elizabeth N. Henry, deceased, sue Obstetrics and Gynecology Consultants, P.C., and Jeffrey R. Dell, M.D., who practices medicine in Knoxville, for damages they allege were incurred as a result of his medical malpractice on March 24, 1997.
The Trial Court sustained the Defendants
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