Sarah Elizabeth Plunkett v. Bradley-Polk, OB/GYN Services, P.C.

This is a medical malpractice action filed by Sarah Elizabeth Plunkett and her husband Robert Plunkett (“the Plaintiffs”) as the natural parents and next of kin of their stillborn child. The complaint alleges that Michelle Perry, M.D., and Bradley-Polk OB/GYN Services, P.C. (collectively “the Bradley-Polk Defendants”), negligently failed to diagnose, manage and treat complications during Sarah’s pregnancy and that those failures resulted in the stillbirth delivery of the Plaintiffs’ infant. The Plaintiffs secured only one medical expert, Michael A. Ross, M.D., to present testimony that the Bradley-Polk Defendants violated the standard of care applicable in Bradley County at the time of treatment in early 2004. Doctor Ross was licensed in Virginia and practiced primarily in Fairfax, Virginia, and the metropolitan area of Washington, D.C. To satisfy the “locality rule” followed in Tennessee, Dr. Ross testified that Bradley County was similar to two communities where he practiced in Virginia, both of which are within the metropolitan area of Washington, D.C., but both of which are distinct communities situated about 40 to 50 miles from Washington, D.C. The Bradley-Polk Defendants first challenged Dr. Ross’s qualifications to testify with a motion in limine, and the trial court denied the motion approximately one month before trial. The Bradley-Polk Defendants renewed their challenge to Dr. Ross’s qualifications on the first day of trial. The trial court allowed a voir dire of Dr. Ross out of the presence of the jury and held that Dr. Ross was not qualified because the large metropolitan area where he practiced was not similar to Bradley County. Upon a stipulation of the parties that there was no proof available other than through Dr. Ross to establish a violation of the standard of care in Bradley County, the trial court denied the Plaintiffs’ oral motion for continuance and granted the Bradley-Polk Defendants’ motion for directed verdict. The Plaintiffs appeal. We vacate the judgment of the trial court and remand for a new trial.