TBA Law Blog


Posted by: Paul Burch on May 25, 2023

The Tennessee Supreme Court announced Tuesday that the trial court had appropriately declined to require a defendant physician to opine on the defendant nurse-midwife’s performance outside of the physician’s presence. In 2014, a child was born via cesarean section and suffered permanent brain damage. Through her mother, Brittany Borngne, the child sued the doctor who delivered her and the certified nurse midwife who was initially in charge of the birthing process. The doctor, in a pre-trial deposition, refused to opine on the nurse midwife’s performance outside of his presence, and the trial court declined to require him to do so. Read the full decision.