§39.14 Error of Judgment Rule
1.Latiff v. Dobbs, E2006-02395-COA-R3-CV (Jan 29, 2008).
The Court's Summary:
"In this medical malpractice action, Mary Woods Latiff (“Ms. Latiff”) was a patient of Dr. Tracy Dobbs, an oncologist employed by East Tennessee Oncology and Hematology, P.C., (“East Tennessee Oncology”) (collectively “Defendants”). Ms. Latiff underwent chemotherapy to reduce her chance of a recurrence of cancer. After her fourth chemotherapy session, Ms. Latiff developed complications, including vomiting, diarrhea, nausea, and abdominal pain. Ms. Latiff’s family made numerous phone calls to Defendants over the next few days. A nurse at Defendants’ office called in a prescription to treat Ms. Latiff’s symptoms, but the additional medications did not resolve Ms. Latiff’s problems. The next day, the nurse advised Ms. Latiff’s family to take her to the emergency room, but a family member stated that Ms. Latiff was too weak to go to the emergency room. As a result, home health services were ordered for Ms. Latiff for lab work and assessment. After the lab results were available, Dr. Dobbs ordered IV fluids with potassium to treat Ms. Latiff’s dehydration and low potassium level. Several hours later, Ms. Latiff’s family called an ambulance to transport her to the hospital because her condition had not improved. Ms. Latiff suffered a cardiac arrest before arriving at the hospital. She was revived, but died the following day. Ms. Latiff’s family filed this lawsuit alleging negligence in Defendants’ treatment of Ms. Latiff. The jury returned a verdict in favor of Defendants, and judgment was entered accordingly. Plaintiff’s motion for new trial was denied, and an appeal was taken to this Court, raising numerous issues regarding exclusion of evidence, expert witness testimony, and jury instructions. After careful review, we hold that the trial court did not commit reversible error. We affirm and remand." Read the opinion. Note: discussion of this issue begins at page 18 of the opinion.
The Court's Summary:
"In this medical malpractice action, Mary Woods Latiff (“Ms. Latiff”) was a patient of Dr. Tracy Dobbs, an oncologist employed by East Tennessee Oncology and Hematology, P.C., (“East Tennessee Oncology”) (collectively “Defendants”). Ms. Latiff underwent chemotherapy to reduce her chance of a recurrence of cancer. After her fourth chemotherapy session, Ms. Latiff developed complications, including vomiting, diarrhea, nausea, and abdominal pain. Ms. Latiff’s family made numerous phone calls to Defendants over the next few days. A nurse at Defendants’ office called in a prescription to treat Ms. Latiff’s symptoms, but the additional medications did not resolve Ms. Latiff’s problems. The next day, the nurse advised Ms. Latiff’s family to take her to the emergency room, but a family member stated that Ms. Latiff was too weak to go to the emergency room. As a result, home health services were ordered for Ms. Latiff for lab work and assessment. After the lab results were available, Dr. Dobbs ordered IV fluids with potassium to treat Ms. Latiff’s dehydration and low potassium level. Several hours later, Ms. Latiff’s family called an ambulance to transport her to the hospital because her condition had not improved. Ms. Latiff suffered a cardiac arrest before arriving at the hospital. She was revived, but died the following day. Ms. Latiff’s family filed this lawsuit alleging negligence in Defendants’ treatment of Ms. Latiff. The jury returned a verdict in favor of Defendants, and judgment was entered accordingly. Plaintiff’s motion for new trial was denied, and an appeal was taken to this Court, raising numerous issues regarding exclusion of evidence, expert witness testimony, and jury instructions. After careful review, we hold that the trial court did not commit reversible error. We affirm and remand." Read the opinion. Note: discussion of this issue begins at page 18 of the opinion.