Blanchard v. Kellum

OPINION

HOLDER, Justice.

The issues with which we are confronted are: (1) whether expert testimony is required in a medical battery case when a doctor performs an unauthorized procedure; and (2) whether the defendant’s affidavit in the case now before us triggered the non-movant’s burden pursuant to McCarley v. West Quality Food Serv., 960 S.W.2d 585 (Tenn.1998), and Byrd v. Hall, 847 S.W.2d 208 (Tenn.1993). We hold that expert testimony is not required in a medical battery case, that the plaintiffs cause of action was properly premised on a medical battery theory, and that the defendant’s…