Summary Judgment: Rutherford County, Tennessee (Medical Malpractice)

Nashville Partner, John Floyd, Jr., obtained summary judgment in a medical malpractice matter in Murfreesboro, Tennessee.

Plaintiff was a 54 year old woman under the care of our client, a foot and ankle surgeon, for a wound on her foot. Plaintiff became aware that her wound was not healing properly in the middle of October 2016. Although she documented the poor healing of the wound, she did not present back to the podiatrist’s office to have the wound reassessed until mid-November, almost three weeks later. At that time, it was determined that sepsis had set in, requiring amputation of Plaintiff’s right leg below the knee in November 2016.

Plaintiff filed an initial Complaint against our client in February 2018, non-suited that Complaint in June 2018, and finally filed her Second Amended Complaint in October 2019.
We moved for summary judgment, arguing that since Plaintiff’s Second Amended Complaint was filed a full three years after the cause of her injury, the statute of limitations for bringing such a claim had expired. The Court agreed, granting summary judgment in favor of our client and authorizing our client to seek fees and costs.