Estate of Henderson v. Mire

955 S.W.2d 56, 1997 Tenn. App. LEXIS 178
CourtCourt of Appeals of Tennessee
DecidedMarch 18, 1997
StatusPublished
Cited by5 cases

This text of 955 S.W.2d 56 (Estate of Henderson v. Mire) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Henderson v. Mire, 955 S.W.2d 56, 1997 Tenn. App. LEXIS 178 (Tenn. Ct. App. 1997).

Opinion

OPINION

McMURRAY, Judge.

The plaintiff filed an unsigned complaint without a proper bond or pauper’s oath, alleging medical malpractice against all defendants. The defendants filed motions for summary judgment which were granted by the court. Judgment was accordingly entered dismissing the action as to all defendants. This appeal resulted. We affirm the judgment of the trial court.

On this appeal we are faced with a multitude of issues as framed by the plaintiff, however, each and every issue is simply a challenge to the propriety of the trial court’s action in sustaining a motion for summary judgment. It is unnecessary, therefore, for us to reiterate the issues. Our task is simply to review the record and determine if summary judgment was appropriate.

[57]*57STANDARD OF REVIEW

Our standard of review in considering the propriety of summary judgment is as follows:

The standards governing an appellate court’s review of a trial court’s action on a motion for summary judgment are well settled. Since our inquiry involves purely a question of law, no presumption of correctness attaches to the trial court’s judgment, and our task is confined to reviewing the record to determine whether the requirements of Tenn. R. Civ. P. 56 have been met. Cowden v. Sovran Bank/Central South, 816 S.W.2d 741, 744 (Tenn.1991). Tenn. R. Civ. P. 56.03 provides that summary judgment is only appropriate where: (1) there is no genuine issue with regard to the material facts relevant to the claim or defense contained in the motion, Byrd v. Hall, 847 S.W.2d 208, 210 (Tenn.1993); and (2) the moving party is entitled to a judgment as matter of law on the undisputed facts. Anderson v. Standard Register Co., 857 S.W.2d 555, 559 (Tenn.1993). The moving party has the burden of proving that its motion satisfies these requirements. Downen v. Allstate Ins. Co., 811 S.W.2d 523, 524 (Tenn.1991).
The standards governing the assessment of evidence in the summary judgment context are also well established. Courts must view the evidence in the light most favorable to the nonmoving party and must also draw all reasonable inferences in the nonmoving party’s favor. Byrd, 847 S.W.2d at 210-11. Courts should grant a summary judgment only when both the facts and the conclusions to be drawn from the facts permit a reasonable person to reach only one conclusion. Id.

Carvell v. Bottoms, 900 S.W.2d 23 (Tenn.1995).

BAPTIST HEALTH SYSTEM OF EAST TENNESSEE, INC., d/b/a BAPTIST HOSPITAL OF EAST TENNESSEE, INC.

With regard to the defendant, Baptist Health System of East Tennessee, Inc., two grounds are strongly asserted upon which this defendant claims entitlement of a judgment as a matter of law. Firstly, this defendant asserts that it is not a hospital and is not licensed to operate a hospital but is simply a holding company for other entities including the Baptist Hospital of East Tennessee, Inc.1 Secondly, this defendant asserts, and counsel for the plaintiff candidly concedes, that the only theory of recovery advanced against either the Baptist Health System of East Tennessee, Inc., or Baptist Hospital of East Tennessee, Inc., is based upon allegations of vicarious liability. Specifically, the plaintiff charges that “Dr. A. Dean Mire was an employee of Baptist Health Systems of East Tennessee, Inc., and therefore [this defendant] failed to exercise its duty of control over its employee.”

In support of its motion for summary judgment, the defendant filed affidavits, pursuant to Rule 56, Tennessee Rules of Civil Procedure, affirmatively stating that Dr. Mire was not an employee of either Baptist Health Systems of East Tennessee, Inc., or Baptist Hospital of East Tennessee, Inc. The affidavits further affirmatively reflect that the only relationship between Dr. Mire and the Hospital was that he was an independent contractor who had been accorded staff privileges.

No countervailing evidence was submitted by the plaintiff. We, therefore, hold that the summary judgment as to the defendant Baptist Health Systems of East Tennessee, Inc., d/b/a Baptist Hospital of East Tennessee, Inc., was properly granted. We do not find it necessary to address the issue of the sufficiency of service of process.

DR. A. DEAN MIRE

The case of Dr. Mire requires closer scrutiny. Dr. Mire filed his affidavit in support of his motion for summary judgment affirmatively stating that he is a licensed physician, board certified in family medicine and that he is familiar with the recognized standards of care of acceptable medical practice in the [58]*58Knoxville community for doctors practicing general family medicine. He further related his professional relationship with the deceased, Mr. Henderson. More important, he stated that in his opinion “within a reasonable degree of medical certainty, the medical care provided Mr. Henderson ... was in accordance with the recognized standard of acceptable medical care for family practitioners in the Knoxville community in 1994.” His affidavit set out in detail the medical treatment and care that he had provided to Mr. Henderson. He further deposed that “within a reasonable degree of medical certainty, that the medical care I provided did not cause nor contribute to Mr. Henderson’s illness or death.”

As countervailing evidence, the plaintiff filed the affidavit of Dr. Mark Tanner, a physician, board certified in family medicine and licensed to practice in the State of Georgia. He stated in his affidavit that he was familiar with the standard of care, custom and practice in surrounding communities including Knoxville, Tennessee. He further states that he has reviewed the medical records of the decedent, consisting of the following:

1. The medical records of Dr. A. Dean Mire.
2. The records from Baptist Hospital of East Tennessee.
3. The records of the autopsy performed by Dr. Charles W. Harlan.
He further stated:
* * * * * *
7.It is my opinion, to a reasonable degree of medical certainty and with knowledge of the customs and practices of the medical profession in this community and in the surrounding communities, that defendants and each of them breached the standard of care in this community when defendants failed to diagnose, treat or intervene to provide the plaintiff decedent with timely and competent care after receiving the results of various tests including the arterial blood gas, gallium scan, and other laboratory tests including biochemical profile and complete blood count all of which were caused to be performed upon plaintiff decedent by these defendants and/or their agents.
8. It is my opinion to a reasonable degree of medical certainty that if the plaintiff decedent had been treated timely by the defendant and within the standard of care as afore stated, the plaintiff decedent would have recovered from this pneumonia.

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955 S.W.2d 56, 1997 Tenn. App. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-henderson-v-mire-tennctapp-1997.