Travis Kanipe v. Pragnesh Patel MD

Syllabus

This appeal arises from a health care liability lawsuit. In 2013, Sandra Kanipe (\Ms. Kanipe\) died from an undiagnosed aortic dissection while in the care of Dr. Pragnesh Patel, M.D. (\Dr. Patel\). Travis Kanipe (\Mr. Kanipe\), Ms. Kanipe's son, sued Dr. Patel in the Circuit Court for Hamblen County (\the Trial Court\). After a trial, the jury found in favor of Dr. Patel. The Trial Court granted Mr. Kanipe's motion for a new trial on grounds that Dr. Patel had, through his testimony, shifted blame to a non-party despite having never pled comparative fault. After a second trial, the jury found in favor of Mr. Kanipe. Dr. Patel appeals, arguing among other things that he never shifted blame. From our review of the record, we conclude that Dr. Patel did, in fact, shift blame to a non-party when he testified in the first trial that the nurses never notified him of Ms. Kanipe's ongoing chest pain. In view of our Supreme Court's holding in George v. Alexander, 931 S.W.2d 517 (Tenn. 1996), the Trial Court did not abuse its discretion in ordering a retrial. We affirm the judgment of the Trial Court.