BARKES v. RIVER PARK HOSP., INC.

No. M2006-01214-SC-R11-CV.

328 S.W.3d 829 (2010)

Debra M. BARKES et al. v. RIVER PARK HOSPITAL, INC.

Supreme Court of Tennessee, at Nashville.

October 20, 2010.

Opinion on the Petition for Rehearing November 30, 2010.


Attorney(s) appearing for the Case

David Randolph Smith , Edmund J. Schmidt III , and John B. Carlson , Nashville, Tennessee, for the appellant, Debra M. Barkes, individually and as surviving spouse of Jewell Wayne Barkes.

C.J. Gideon, Jr. , Bryan Essary , and Brian Cummings , Nashville, Tennessee, for the appellee, River Park Hospital, Inc., d/b/a River Park Hospital.

Robyn E. Smith and William B. Hubbard , Nashville, Tennessee, for amicus curiae Tennessee Hospital Association.


OPINION

SHARON G. LEE, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, and GARY R. WADE, JJ., joined. WILLIAM C. KOCH, JR., J., not participating.

In this medical negligence case, we review a jury verdict against a hospital based on the hospital's failure to enforce its policies and procedures in patient care. Tennessee law has long recognized that a hospital has a duty to its patients to exercise that degree of...

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