O. Robert E. Mayers v. Miller Medical Group, An Affiliate of Baptist Healthcare Group; Russell D. Ward, M.D. and Michel Kuzur, M.D.
State: Tennessee
Docket No: 01A01-9802-CV-00101
Case Date: 12/08/1998
Plaintiff: O. Robert E. Mayers
Defendant: Miller Medical Group, An Affiliate of Baptist Healthcare Group; Russell D. Ward, M.D. and Michel Ku
Preview: 0ROBERT E. MAYERS, )
)
Plaintiff/Appellant, )
)
v. )
) MILLER MEDICAL GROUP, ) MILLER MEDICAL GROUP, ) An Affiliate of Baptist Healthcare ) Group; RUSSELL D. WARD, M.D. ) and MICHEL KUZUR, M.D., )
) Defendants/Appellees. ) )
Appeal No. 01-A-01-9802-CV-00101
FILED
Davidson Circuit No. 97C-1914
December 8, 1998
Cecil W. Crowson Appellate Court Clerk
COURT OF APPEALS OF TENNESSEE
APPEAL FROM THE CIRCUIT COURT FOR DAVIDSON COUNTY
AT NASHVILLE, TENNESSEE
THE HONORABLE MARIETTA M. SHIPLEY, JUDGE
ROBERT E. MAYERS, Pro Se 1525 Naples Avenue Nashville, Tennessee 37207
ROBERT E. PARKER RICHARD F. RUSSELL 200 Fourth Avenue North, 5th Floor Nashville, Tennessee 37219
ATTORNEYS FOR DEFENDANTS/APPELLEES
AFFIRMED AND REMANDED
WILLIAM B. CAIN, JUDGE
OPINION
Plaintiff, Robert E. Mayers, acting pro se in this medical malpractice
action, appeals the decision of the Circuit Court of Davidson County denying his application for relief under Tennessee Rules of Civ il Pro cedur e 60.0 2 from a final summary judgment rendered in favor of the defendants.
On June 16, 1997, Robert E. Mayers filed suit against Miller Medical Group and Drs. Russell D. Ward and Michel Kuzur, former physician members of Miller Medical Group. In the complaint it is alleged that on July 28, 1980, while plaintiff was employed by the Tennessee Department of Corrections at Spencer Youth Center, he sustained a work related injury to his mid and upper chest when kicked by a juvenile inmate.
He was first treated at Miller Medical Group on June 18, 1981, by Dr. Russell D. Ward, presenting with a complaint of constant pain in his chest. Dr. Ward prescribed medications for him in 1981 and then retired from the practice of medicine in 1982. Plaintiff was then treated by the defendant, Michael E. Kuzur, from 1983 until his last treatment by Dr. Kuzur on April 25, 1989. During the course of his treatment, Dr. Kuzur prescribed Naprosyn, 375 milligrams, with the prescription issued in 1989 and continually renewed until a last prescription therefor on February 19, 1991.
Following the last treatment by any of the defendants in February of 1991, Mr. Mayers, on December 18, 1991, was first treated by Dr. Winston Griner at the Vanderbilt Pain Clinic, still suffering from pain in his chest which had continued since his original injury in 1980.
On June 18, 1996, plaintiff was first seen by Dr. Richard N. Pearson, III, who di agno sed hi s prob lem as chronic sterna l nonu nion re quirin g surge ry. In his report to the pain control center of June 18, 1996, Dr. Pearson stated in part:
. . . As you well know, he is a 44 year old gentleman who incurred a fractured sterno manubrial junction in approximately 1980, when kicked in the chest by an inmate during his work as a corrections officer. Although he was able to manage this discomfort with high doses of non
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