Kevin Baskette

REPRESENTATIVE MATTERS: Prevailed in the Tennessee Court of Appeals in a healthcare liability matter. Following a three-week medical malpractice jury trial that resulted in a hung jury followed by a non-suit by the patient's conservator, the conservator re-filed the action against only the hospital on the basis of alleged apparent agency. Immediately prior to the re-filing of the suit, the conservator entered into an agreement not to sue the treating physician in exchange for waiving discretionary costs. The hospital moved for summary judgment on the grounds that the agreement with the alleged agent physician extinguished the right to recover from the alleged principal hospital. The trial court rejected the conservator's argument that the agreement was invalid because it was not approved by a court, as, by statute, such approval is not necessary for the claim of a disabled person. The trial court granted summary judgment and the conservator appealed. The Court of Appeals affirmed in all respects.; Obtained a jury verdict in a health care liability case filed in Shelby County Circuit Court. The clients were a surgeon and his group. The surgeon performed a gallbladder removal surgery where the plaintiff patient sustained complications requiring repair surgeries. After deliberations, the jury answered the Court's first question that the defendant surgeon did not deviate from the applicable standard of care resulting in a defense verdict.; Obtained a defense verdict in a wrongful death healthcare liability trial in Shelby County Circuit Court. The plaintiff alleged that a urology clinic's staff members failed to document and forward clinical complaints, which caused the patient's death. After four days of trial, the court awarded a directed verdict at the close of all proof, finding that the plaintiff could not carry her burden of proving that the staff members deviated from the applicable standard of care or caused the patient's death. The verdict was not appealed.