Payne Ex Rel. Payne v. Caldwell

OPINION

This appeal presents the issue of whether the geographic limitations of T.C.A. § 29-26-115(b) apply to an expert witness in a medical malpractice action, who testifies only as to the cause of plaintiff’s injuries. We hold that it does.

The action was brought by Alfred Payne, Jr. (through his parents) to recover damages for injuries, including brain damage, neurological damage, and cerebral palsy, allegedly caused by the negligence of the defendant physicians and hospital in the prenatal care of his mother and in his delivery. In response to expert witness interrogatories, plaintiff…