VICKIE S. YOUNG, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF RANDALL JOSH YOUNG, DECEASED v. FRIST CARDIOLOGY PLLC, ET AL. M2019-00316-SC-R11-CV

Attorneys: Appellant/Respondent: Andrew David Tharp James A. Beakes, III Travis B. Swearingen Appellee/Petitioner: D. Russell Thomas Trial Court: Davidson County Circuit Court Trial Judge: Joseph P. Binkley, Jr. Argument Type: Oral In this healthcare liability action, the plaintiff, Vickie Young, filed a wrongful death suit against the defendants, First Cardiology PLLC and Thomas Killian, M.D., alleging negligence and medical malpractice that resulted in her husband’s death. Before trial, the defendants sought to exclude the plaintiff’s medical expert testimony on the basis that the expert was not licensed to practice medicine in Tennessee or a contiguous bordering state during the year preceding the relevant time period, as required by Tennessee statute. The trial court denied the defendant’s motion to exclude the expert’s testimony, stating that the particular statute only applied to healthcare professionals who were practicing in a “health care profession requiring licensure,” and, at the time relevant to this case, the plaintiff’s expert was exempt from licensure as part of a post-graduate medical training program. The trial court subsequently granted the defendants’ permission to file an interlocutory appeal, but the Court of Appeals denied the application. The Supreme Court, however, granted review of the appeal. Before the Supreme Court, the defendants argue that the competency requirements for medical experts are unambiguous in that the expert must have been licensed and practicing in Tennessee or a contiguous bordering state during the year preceding the date that the alleged injury or wrongful act occurred. The plaintiff argues that the statute at issue does not apply to medical professionals who, like the expert in this case, were qualified to practice medicine under a waiver of licensure during the relevant time period.