Hancock et al v. Benning et al
| David Hancock and Teresa Hancock |
| Thomas R. Benning, Anesthesia Medical Group P.C., Baptist Hospital and Baptist Hospital, Inc. |
| 3:2010cv00935 |
| October 7, 2010 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Todd J. Campbell |
| E. Clifton Knowles |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
77
ORDER: Plaintiffs' Motion to Compel 72 is granted in part and denied in part. Defendant Anesthesia Medical Group shall identify to Plaintiffs, by 4/3/2013, the designated representative who will attend and testify on its behalf at trial. Signed by District Judge Todd J. Campbell on 3/28/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
67
ORDER: Pending before the Court are Defendants' Motion in Limine No. 2 (Docket No. 37), Defendants' Motion in Limine No. 3 (Docket No. 38), and Defendants' Motion in Limine No. 4 (Docket No. 39). The Court held a hearing on these Mo tions on March 19, 2013. Defendants' Motion in Limine No. 2 asks the Court to limit Plaintiffs' proof of medical expenses to those costs which were actually paid and costs which Plaintiffs have shown were reasonable, necessary and related to Defendants' alleged misconduct. Defendants' Motion is denied in part and taken under advisement in part. This Motion is granted in part and taken under advisement in part. Plaintiffs' counsel represented that Plaintiffs' med ical expenses were paid by Medicare, which has a subrogation lien on any recovery in this case. Proof of these expenses paid by Medicare, to the extent Plaintiffs can show they were reasonable, necessary and related to Defendants' alleged mis conduct, is admissible. With regard to whether the expenses were reasonable, necessary and related to Defendants' alleged misconduct, the Court reserves judgment until the proof is offered at trial. Defendants' Motion in Limine No. 3 asks the Court to preclude Plaintiffs' counsel from asking any of Defendants' witnesses about pending or past malpractice claims filed against them. This Motion is granted. Fed. R. Evid. 403, 404(b) and 608(b). Defendants' Motion in Lim ine No. 4 asks the Court to preclude Plaintiffs' expert, Dr. Watson, from offering standard of care or causation opinion testimony. Plaintiffs concede that Dr. Watson may not testify about any causal relation between Defendants' alleged m isconduct and any physical injuries of the Plaintiffs. Defendants contend that Dr. Watson may not testify about the standard of care because he admitted in a deposition that Dr. Benning did not violate the applicable standard of care. Plaintiffs ar gue that Dr. Watson may testify about the standard of care concerning Dr. Benning's supervision of the Certified Registered Nurse Anesthetist ("CRNA") and the standard of care for the CRNA. This Motion is granted in part and taken un der advisement in part. The Court finds that Dr. Watson may not testify about whether Dr. Benning violated the applicable standard of care. By April 1, 2013, the parties shall filed a copy of the entire deposition of Dr. Watson and his expert repo rt and shall cite the Court to any portions thereof which address the applicable standard of care for physicians who supervise CRNAs and/or the applicable standard of care for CRNAs. Defendants also seek to preclude Dr. Watson from offering any opi nion as to a causal relationship between Defendants' alleged misconduct and any psychological injuries of the Plaintiffs. Plaintiffs admit that Dr. Watson is not qualified to offer such a causation expert opinion, but they argue that Dr. Wats on, as Plaintiffs' treating physician, may testify about his observations of Plaintiff David Hancock both before and after this incident. Dr. Watson may testify, as a treating physician, about his factual observations of Mr. Hancock. Dr. Watso n may not testify as to any opinion about Mr. Hancock's injuries or the causes thereof. To the extent Defendants wish to file a Motion for the Court to reconsider its ruling on Plaintiffs' Motion to Limit Defendants' Expert Witnesses (Docket No. 50), that Motion should be filed by March 25, 2013. Plaintiffs' Response shall be filed by April 1, 2013. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 3/20/13. (af)
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Filing
65
ORDER: Pending before the Court, among other things, are the following Motions: Defendants' Motion in Limine No. 1 Re Liability Insurance (Docket No. 36) is GRANTED as unopposed and pursuant to Fed. R. Evid. 411. Plaintiffs' Motion for V oir Dire by Counsel (Docket No. 49) is GRANTED as unopposed. This is the Court's usual practice. Plaintiffs' Motion to Limit Defendants' Expert Witnesses (Docket No. 50) is GRANTED as unopposed. Local Rule 39.01(c)(6)(a). Plaintiffs' Motion to Limit Defendants' Pre-Emptory Strikes (Docket No. 51) is GRANTED as unopposed and pursuant to Fed. R. Civ. P. 47(b) and 28 U.S.C. § 1870. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 3/14/13. (af)
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Filing
58
ORDER granting 57 MOTION to Continue Trial Date and Pretrial Conference. Jury Trial is reset for 1/15/2013 at 9:00 AM before Chief Judge Todd J. Campbell. Pretrial Conference is reset for 1/4/2013 at 10:30 AM before Chief Judge Todd J. Campbell. Signed by Chief Judge Todd J. Campbell on 8/1/12. (dt)
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Filing
32
ORDER: For the reasons stated in the accompanying Memorandum,Defendants Motion to Dismiss 18 is DENIED. Signed by Chief Judge Todd J. Campbell on 12/6/10. (dt)
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Filing
27
INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 2/1/2012. Discovery due by 10/30/2011. Dispositive Motions due by 5/1/2012. Signed by Magistrate Judge E. Clifton Knowles on 11/29/10. (dt)
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Filing
4
ORDER: This case is REFERRED to the Magistrate Judge for customized case management. Discovery is not stayed absent order of the District Judge.This case shall be set for trial upon completion of the initial case management conference by order of the District Judge. Signed by Chief Judge Todd J. Campbell on 10/7/10. (dt)
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