Dallas K. Hurley, Jr. v. Ryan B. Pickens, E2023-01610-COA-R3-CV

Dallas K. Hurley, Jr. sued Dr. Ryan B. Pickens and University Urology, P.C. for alleged healthcare liability related to post-surgical care following a radical cystectomy in January 2014.
Hurley developed severe complications after surgery, including septic shock from undiagnosed bowel perforations, leading to extended hospitalization and additional surgeries.
The defense denied breaching the standard of care, arguing Hurley showed no symptoms indicative of bowel perforation before sepsis occurred.
Plaintiff sought to introduce Dr. W. Shannon Orr, a Mississippi surgeon and former emergency room physician, as an expert on the alleged standard of care violations.
The trial court excluded Dr. Orr’s testimony for failing to meet the competency requirements of Tenn. Code Ann. § 29-26-115(b), leaving Hurley unable to present a prima facie case; the suit was dismissed.
Hurley appealed, contesting the exclusion of Dr. Orr as an expert witness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Dr. Orr’s competency under § 29-26-115(b)	Orr’s ER experience provided relevant expertise on post-op infection and sepsis.	Orr’s ER experience did not address inpatient surgical monitoring for sepsis.	Court found Orr not competent; his ER experience not relevant to standard of care at issue.

Shipley v. Williams, 350 S.W.3d 527 (Tenn. 2011) (sets standard for expert competency and relevance in healthcare liability actions)
Brown v. Crown Equip. Corp., 181 S.W.3d 268 (Tenn. 2005) (trial court has broad discretion on expert qualification)
Searle v. Bryant, 713 S.W.2d 62 (Tenn. 1986) (expert need not practice the same specialty as defendant, but must be relevant to the issues)
Mitchell v. Jackson Clinic, P.A., 420 S.W.3d 1 (Tenn. Ct. App. 2013) (excludes expert lacking current, relevant specialty experience to care at issue)