Jordan Franklin-Mansuo v. AMISUB (SFH), Inc. d/b/a Saint Francis Hospital
W2016-01623-COA-R3-CV
| Tenn. Ct. App. | Sep 6, 2017Background
- On June 10, 2012 Suzi Franklin presented to Saint Francis ED with sore throat, difficulty breathing/swallowing; PA Preston Embrey diagnosed epiglottitis after CT; Dr. Muhammad Abushaer was Embrey’s supervising physician that shift.
- Embrey consulted ENT Dr. Mark Clemons by phone; Clemons did not come to the hospital and later denied agreeing to admit the patient to ICU. Another physician admitted Franklin to ICU around 7:00 p.m.; she lost her airway during/after transfer, suffered a hypoxic event, sustained brain injury, and died ten days later (death certificate: acute cerebrovascular accident).
- Plaintiff (son/estate) sued multiple providers alleging failure to properly treat/monitor caused brain injury and death; most defendants were later dismissed or settled, leaving Dr. Abushaer as the sole defendant on appeal.
- Plaintiff disclosed experts Drs. Douglas Holmes and Sandy Craig (standard of care) and Dr. Alfred Callahan (causation regarding brain injury → death). Plaintiff conceded Craig would not offer causation; Holmes was the primary causation link to Abushaer’s supervision.
- Trial court granted Abushaer’s summary-judgment motion, finding Plaintiff lacked competent expert proof under Tenn. Code Ann. §29-26-115: Holmes’ causation opinion was speculative/attenuated and Craig not competent on applicable standard; Callahan did not opine on whether any breach caused the hypoxic event.
- On de novo review the Court of Appeals affirmed, holding Plaintiff failed to prove, to a reasonable degree of medical certainty, that Abushaer’s supervisory conduct more likely than not caused the hypoxic event and death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was improper because Plaintiff presented competent expert proof of (1) applicable standard of care, (2) breach by Dr. Abushaer, and (3) proximate causation of injury/death | Franklin-Mansuo argued Abushaer failed to supervise: should have reviewed CT/radiology, ensured ENT arrived or secured airway (prophylactic intubation), and thus but-for Abushaer’s inaction Franklin would not have lost her airway and died | Abushaer argued Plaintiff lacked competent expert testimony linking his supervisory acts/omissions to the hypoxic event and death; offered evidence negating causation element under Tenn. Code Ann. §29-26-115 | Court held Plaintiff failed on causation: Holmes’ opinion was too speculative/attenuated (multiple contingencies, domino theory); Callahan did not opine on causation of the hypoxic event; summary judgment affirmed |
Key Cases Cited
- Estate of Brown v. Beckham, 402 S.W.3d 193 (Tenn. 2013) (standard for de novo review of summary judgment in Tennessee)
- Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015) (summary-judgment burden and proof sufficiency in health-care-liability context)
- Kilpatrick v. Bryant, 868 S.W.2d 594 (Tenn. 1993) (causation requires more likely than not; limits on speculative expert testimony)
- Lindsey v. Miami Dev. Corp., 689 S.W.2d 856 (Tenn. 1985) (mere possibility or speculation insufficient to establish causation)