We granted this appeal to determine whether the trial court committed reversible error in granting the plaintiff eight peremptory challenges during jury selection, whether the trial court properly denied a motion for a mistrial after the plaintiff cross-examined a defense expert witness with a prior statement, whether the trial court properly allowed the plaintiff to cross-examine a defense expert with an alleged learned treatise, and whether the trial court properly excluded the deposition of a defense expert witness. The Court of Appeals held that the trial court committed reversible error on these four issues, reversed the jury’s verdict in favor of the plaintiff, and remanded for a new trial. The intermediate court chose not to review numerous remaining issues raised by the parties.
After carefully reviewing the record and authority, we conclude: 1) that the trial court erred in granting the plaintiff eight peremptory challenges but the error did not affect the outcome or prejudice the administration of justice, 2) that the trial court did not abuse its discretion in denying a motion for a mistrial after the plaintiff had cross-examined an expert witness with a prior statement, 3) that the trial court did not err in allowing the plaintiff to cross-examine a defense expert witness with an alleged learned treatise, and 4) that the trial court did not abuse its discretion in excluding the deposition testimony of a defense expert witness. In addition, after reviewing the remaining issues, including those that were pretermitted by the Court of Appeals, we hold: 1) that the trial court erred in remitting the jury’s verdict by $1,500,000, 2) that the trial court did not abuse its discretion by denying prejudgment interest to the plaintiff, 3) that awarding damages for the loss of consortium did not violate the defendants’ rights under the United States or Tennessee constitutions, 4) that the trial court did not err in finding that the plaintiff’s expert witness established the professional standard of care in the community in which the defendants practiced and in denying the defendants’ motion for directed verdict on this basis, 5) that the trial court did not err in allowing the plaintiff to introduce hearsay statements from medical literature or make arguments as to the presence or absence of medical literature, 6) that the trial court did not err in denying a motion for a mistrial or a continuance based on the unavailability of a defense expert witness, and 7) that the trial court did not err in refusing to allow the defendants a credit against the jury’s verdict based on a payment received by the plaintiff under the decedent’s executive insurance plan. Accordingly, we reverse the Court of Appeals’ judgment and reinstate the jury’s verdict in favor of the plaintiff.