§59.2 Ex Parte Communications
The Case: Alsip v. Johnson City Medical Center , 197 S.W.3d 722 (Tenn. 2006).
The Basic Facts: Plaintiffs, the wife and children of a patient at Johnson City Medical Center after undergoing an aspiration of a peritonsillar abscess, filed a malpractice action against the hospital and the patient's physician. After undergoing the aspiration, the deceased began bleeding due to an inadvertent puncture of an artery by the Defendant physician, and forcing the doctor to perform surgery soon thereafter. A number of complications subsequently developed, including the discovery of a number of pre-existing health problems, and the patient ultimately succumbed to adult respiratory distress syndrome, renal failure and pneumonia. During the ensuing litigation, the Defendant physician filed a motion to allow ex parte interviews with the decedent's post-surgery, non-party physicians.
The Bottom Line: