Tennessee Medical Malpractice Law Blog Archives

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About Us

June 7, 2005 2:11 PM About Us
June 6, 2005 2:18 PM In Short...

Author Bios

June 10, 2005 2:26 PM John Day
June 9, 2005 12:38 AM John Wood
June 7, 2005 3:45 PM Rebecca Blair
June 7, 2005 2:27 PM Brandon Bass
June 5, 2005 11:50 PM Cheryl Terrell, R.N.

Cases from Other Jurisdictions

July 15, 2006 9:15 AM Disciplinary Action Against Medical Malpractice Expert Witness Not Subject to Immunity
July 14, 2006 9:50 PM Big Hurt Files Malpractice Claim Against White Sox Docs
July 6, 2006 4:11 PM Admissibility of Expert Testimony in Diversity Cases
March 8, 2006 11:37 AM Ohio Permits Wrongful Birth Action - Sort Of
December 31, 2005 12:57 PM New Case From Arkansas
December 13, 2005 9:45 PM Ninth Circuit Reverses a Defense Verdict
July 13, 2005 11:11 PM EMALTA Applies to All Patients

Cases from Tennessee

December 27, 2006 1:25 PM Motion to Rely Upon Failure to Respond to Requests for Admissions
November 29, 2006 6:08 PM Court of Appeals Rules Survey of Physicians Does Not Create Knowledge of Standard of Care
November 22, 2006 9:23 AM Withdrawn Expert's Testimony Admissible At Summary Judgment Stage
November 15, 2006 7:56 AM Minor Plaintiff May Recover Own Medical Expenses
October 5, 2006 3:38 PM Arbitration Provision Not Waived by Jury Demand
July 5, 2006 8:31 PM "Foreign Object" Exception Clarified by Tennessee Supreme Court
June 29, 2006 7:12 PM Supreme Court Says Ex Parte Communications with Plaintiff's Physicians Not Permitted
June 16, 2006 3:08 PM Adding Defendants Via T.C.A. 20-1-119
June 14, 2006 1:55 PM Summary Judgment Reversed Because Plaintiff Not Allowed Sufficient Time to Respond After Defendant's Deposition
June 12, 2006 2:34 PM Rule 54 Discretionary Costs
April 6, 2006 3:37 PM Loss of Consortium Award Exceeds Underlying PI Award
March 28, 2006 3:51 PM Effect of Non-suit before the Claims Commission
March 10, 2006 2:33 PM New Case Regarding Peer Review Privilege
February 22, 2006 3:47 PM Important Development in Calloway v. Shucker
February 3, 2006 4:43 PM Peer Review Privilege is Broad
January 23, 2006 9:25 PM Claim for Negligent Infliction of Emotional Distress Dismissed
January 6, 2006 4:14 PM Defendant 100% at Fault, But No Damages Awarded
December 6, 2005 3:09 PM Still No Loss of Chance in Tennessee
November 18, 2005 8:32 PM The Discovery Rule
November 9, 2005 3:24 PM Fraudulent Concealment Exception to the Statute of Repose
November 8, 2005 7:51 PM Medical Bills that are Recoverable in a Medical Malpractice Case
November 4, 2005 5:05 PM Increased Risk of Harm Sufficient Basis for Standing in Class Action
November 3, 2005 12:32 PM Comparative Fault in Answer Does Not Trump Medical Malpractice Statute of Repose
October 26, 2005 1:04 PM Rule 9 Application Granted in "Foreign Object" Case
October 18, 2005 10:52 PM Medical Bills Paid by TennCare are Recoverable
September 9, 2005 6:40 PM Comparative Fault in Medical Malpractice Actions
August 16, 2005 4:19 PM Expert Witnesses and Rule 26 Disclosures
July 1, 2005 8:41 AM Non-Compete Agreements (Mostly) Unenforceable Against Doctors
June 30, 2005 11:38 PM Trial Court Cannot Grant Ex Parte Communications With Plaintiff's Treating Physicians
June 30, 2005 9:18 PM The Cancellation Rule
June 28, 2005 8:57 PM Jury Question on Issue of Informed Consent Despite Signed Consent Form

Contact Us

April 26, 2004 5:31 PM Contact Us

Damages

November 15, 2006 7:56 AM Minor Plaintiff May Recover Own Medical Expenses
May 22, 2006 6:49 PM Response to Motion in Limine to Exclude Economist's Testimony
November 8, 2005 7:51 PM Medical Bills that are Recoverable in a Medical Malpractice Case

Drug-Related Errors

July 21, 2006 6:51 AM Medication Errors Still A Major Issue
November 22, 2005 3:46 PM Study on Noncompliance with FDA Black Box Warnings for Prescription Medications
October 28, 2005 3:03 PM Checking For Drug Interactions
June 24, 2005 3:01 PM New Study on Adverse Drug Results

Expert Witnesses

November 29, 2006 6:08 PM Court of Appeals Rules Survey of Physicians Does Not Create Knowledge of Standard of Care
November 22, 2006 9:23 AM Withdrawn Expert's Testimony Admissible At Summary Judgment Stage
July 15, 2006 9:15 AM Disciplinary Action Against Medical Malpractice Expert Witness Not Subject to Immunity
July 6, 2006 4:11 PM Admissibility of Expert Testimony in Diversity Cases
June 14, 2006 1:55 PM Summary Judgment Reversed Because Plaintiff Not Allowed Sufficient Time to Respond After Defendant's Deposition
May 22, 2006 6:49 PM Response to Motion in Limine to Exclude Economist's Testimony
March 19, 2006 12:11 PM New Locality Rule Case
February 9, 2006 5:12 PM Rule 702
November 28, 2005 3:24 PM Admissibility of Expert Testimony
November 10, 2005 6:42 PM Asking the Court to Limit the Number of Designated Experts
October 21, 2005 12:53 PM Evidence of an Expert Witness's Own Practices
September 21, 2005 2:31 AM Locality Rule Does Not Require Expert to be Familiar with Standard of Care in Defendant's Community
August 27, 2005 1:14 PM Using a Withdrawn Expert's Deposition at Trial
July 11, 2005 4:07 PM Defendant Doctor's Deposition Prep Cheat Sheet
June 12, 2005 3:18 PM Pro Plaintiff Daubert Opinion from the Sixth Circuit
June 11, 2005 3:22 PM You Think You Have Had Problems With An Expert?

Forms for Medical Malpractice Attorneys

January 3, 2007 12:22 PM Discovery Questionairre - Medical Malpractice Injury Case
December 27, 2006 1:25 PM Motion to Rely Upon Failure to Respond to Requests for Admissions
December 13, 2006 1:15 PM Discovery to Doctors Group in a Medical Malpractice Case
November 8, 2006 10:21 AM Motion to Strike Affirmative Defenses Including Comparative Fault
June 23, 2006 12:55 PM Complaint for Medical Malpractice Injuring a Child
May 22, 2006 6:49 PM Response to Motion in Limine to Exclude Economist's Testimony
May 1, 2006 9:09 PM Discovery to Individual Doctor in Medical Malpractice Case
October 21, 2005 12:53 PM Evidence of an Expert Witness's Own Practices
October 5, 2005 10:10 PM Medical Malpractice Complaint Against State of Tennessee
September 20, 2005 1:24 PM Complaint in a Medical Malpractice Case
September 15, 2005 5:35 PM Preparing for Trial Checklist
September 12, 2005 2:19 PM Proving Medical Expenses
August 14, 2005 3:41 PM Rule 26 Disclosure of an Expert Witness
August 6, 2005 5:10 PM Client Questionaires
July 20, 2005 3:39 PM Order Shifting Costs of Expert Witness Depositions in Medical Malpractice Case
June 28, 2005 3:36 PM Complaint in a Medical Battery Case
June 7, 2005 3:38 PM Agreed Protective Order for Medical and Psychological Records
June 7, 2005 3:37 PM Itemization of Medical Expenses for Proof of Damages
June 7, 2005 3:37 PM Federal Rule of Civil Procedure 26 Disclosures in a Personal Injury Case

Infections

April 1, 2006 12:28 PM Cost of Infections
July 14, 2005 3:13 AM Information on Hospital Infections in PA

Informed Consent

October 6, 2005 12:32 PM Informed Consent Depends on What a Reasonable Patient Would Do
June 13, 2005 3:16 PM Informed Consent a Jury Question

Legal Info

April 23, 2005 1:45 AM Disclaimer
April 23, 2005 1:42 AM Privacy Policy

Legal News

March 24, 2006 10:15 AM John Ritter's Family Settles Lawsuit
November 15, 2005 6:27 PM California Hospital Sued By Patients Waiting for Livers
June 23, 2005 2:54 AM Editorial from a Colorado Trial Lawyer

Links

July 5, 2004 3:01 PM Day on Torts
July 1, 2004 3:06 PM Erisa on the Web Blog
July 1, 2004 3:04 PM Tennessee Business Litigation Blog

Miscellaneous

February 23, 2007 5:02 AM Medical Malpractice Verdicts in Tennnessee
February 19, 2007 5:07 AM Med Mal Reporting Forms Due in April
January 11, 2007 7:04 AM "The Great Medical Malpractice Hoax"
December 6, 2006 1:06 PM New Guidelines for Sedation of Pediatric Patients
November 29, 2006 4:29 AM Infections Can Be Reduced
November 13, 2006 12:59 PM Local Rules of Tennessee Courts
November 6, 2006 8:25 AM Fundamentals of Civil Litigation in Tennessee
October 13, 2006 11:06 AM Admitting Medical Records Into Evidence
September 26, 2006 11:30 AM Proposed Rule Changes
September 25, 2006 8:43 AM Anterior Cervical Fusion Procedure
September 18, 2006 4:55 AM Infants Given Adult Doses of Heparin
September 17, 2006 8:53 PM Death in ER Ruled Homicide
August 16, 2006 4:15 AM Destructive Testing
July 19, 2006 7:08 AM Laparoscopic Cholecystectomy Injuries
July 18, 2006 9:01 AM New Tracking System Reduces Errors
July 15, 2006 9:15 AM Disciplinary Action Against Medical Malpractice Expert Witness Not Subject to Immunity
July 14, 2006 9:50 PM Big Hurt Files Malpractice Claim Against White Sox Docs
July 3, 2006 2:39 PM Background Information on Medical Providers
April 19, 2006 1:30 PM Wrong Site Surgeries
April 18, 2006 7:08 PM Upcoming Conventions
January 30, 2006 8:11 PM Changes in Medication Package Inserts
January 25, 2006 4:12 PM JAMA Article Attacks Relationships Between Doctors and Drug Manufacturers
January 9, 2006 11:30 AM Adverse Event Reporting
December 12, 2005 10:29 PM Neonatology Resource
November 30, 2005 11:10 AM Medical Error Rate High in U.S.
November 23, 2005 8:27 PM Document Production
November 4, 2005 10:52 PM Determining Medical Expenses
October 13, 2005 1:49 PM Two Doctors Criticize Medical Review Boards in Wall Street Journal
October 10, 2005 4:18 PM Chancellor Denies THA's Motion to Block Office Surgeries
September 29, 2005 1:38 PM Interrogatories to Defendant Doctor
September 22, 2005 3:42 PM Tennessee Hospital Association Sues State to Prevent Surgeries in Doctors' Offices
September 19, 2005 3:49 PM Flat-Fee Medical Clinics
September 15, 2005 8:26 PM Doctors Suing Patients to Stop Internet Criticism
September 13, 2005 2:30 PM Amendments to Rules
August 25, 2005 3:33 PM Subpoena Power
August 22, 2005 2:41 PM State Attorneys General Comment on Rising Medical Malpractice Premiums
August 21, 2005 2:55 PM South Carolina Considers "I'm Sorry" Law
August 19, 2005 2:51 PM $39 Million Massachusetts Medical Malpractice Award
August 18, 2005 3:01 PM Upcoming Seminars
August 15, 2005 1:27 PM Locating Medical Experts
August 6, 2005 5:16 PM Thinking Outside the Box
August 3, 2005 11:04 AM Another Frivilous Medical Malpractice Lawsuit
August 2, 2005 2:21 PM Hospital Comparisons
July 27, 2005 1:46 PM Clinical Practice Guidelines
July 25, 2005 4:29 PM ATLA Convention
July 23, 2005 3:24 PM New Study Concerning Medical Errors
July 14, 2005 3:50 PM United States Spends More on Health Care Than Other Nations
July 10, 2005 12:34 PM Fall Seminar Programs
July 7, 2005 4:17 PM Protecting Patients
July 3, 2005 12:20 PM Punitive Damages in Medical Malpractice Cases Around the U.S.
June 22, 2005 3:27 PM How Does This Happen?
June 10, 2005 3:19 PM Failed Vasectomy - Wife Has No Claim

Nursing Home Negligence

August 8, 2006 4:40 AM Nursing Home Report
February 1, 2006 11:00 AM Limitation of Actions and the Mentally Disabled
September 23, 2005 9:52 PM New Orleans Nursing Home Deaths
July 30, 2005 9:11 PM Beverly Enterprises Hit with Sanctions
June 8, 2005 3:25 PM Death by Fire Ants

Orthopedics

July 14, 2006 9:50 PM Big Hurt Files Malpractice Claim Against White Sox Docs
June 14, 2006 1:55 PM Summary Judgment Reversed Because Plaintiff Not Allowed Sufficient Time to Respond After Defendant's Deposition

Pharmacists and Pharmaceuticals

January 25, 2006 4:12 PM JAMA Article Attacks Relationships Between Doctors and Drug Manufacturers
June 14, 2005 2:58 PM Florida Case on Pharmacist Liability

Practice and Procedure

April 27, 2007 12:45 PM Medical Records Review
January 30, 2007 2:11 PM Who Can Be Subpoenaed to Trial
January 26, 2007 12:48 PM Discovery to Medical Provider Defendants
December 27, 2006 1:25 PM Motion to Rely Upon Failure to Respond to Requests for Admissions
November 8, 2006 10:21 AM Motion to Strike Affirmative Defenses Including Comparative Fault
May 22, 2006 6:49 PM Response to Motion in Limine to Exclude Economist's Testimony
March 20, 2006 6:42 PM Rules Amendments Pass
March 3, 2006 2:49 PM Deposing Doctors - Helpful Hint
November 9, 2005 3:24 PM Fraudulent Concealment Exception to the Statute of Repose
October 25, 2005 12:57 PM Obtaining Exemption from the Contiguous State Rule
October 24, 2005 12:48 PM Understanding the Med Mal Act: Loss of Chance
October 23, 2005 12:36 PM Understanding the Med Mal Act: Statute of Limitations
September 28, 2005 11:27 PM No Need to Request a Specific Dollar Amount in a Malpractice Complaint
September 2, 2005 3:46 PM Changes to Rule 45 of the Tennessee Rules of Civil Procedure
September 1, 2005 3:59 PM Changes to Rule 4 of the Tennessee Rules of Civil Procedure
August 17, 2005 3:50 AM Understanding the Med Mal Act: Requirements For Admission of Expert Testimony
July 17, 2005 3:05 PM No Error Leaving Defense Counsel on Med Mal Jury
May 7, 2005 3:32 PM Statute of Repose Does Not Violate Due Process

Prenatal and Birth Related Injuries

September 7, 2006 5:39 AM New Research on Preeclampsia
August 2, 2006 6:12 AM Hospitals Reduce Injuries
April 10, 2006 6:46 PM Operative Vaginal Delivery: Forceps and Vacuum
March 22, 2006 12:52 PM Newborn Apgar Scores
March 8, 2006 11:37 AM Ohio Permits Wrongful Birth Action - Sort Of
December 10, 2005 10:14 AM Tennessee Supreme Court Applies 3-Year Statute of Repose to Children
November 8, 2005 7:43 PM Experts in Birth Trauma Cases
September 6, 2005 1:47 PM Ordering Medical Records In A Fetal Injury or Death Case
July 21, 2005 9:12 PM Poor Fetal Outcome - Placental Pathology
July 9, 2005 12:26 PM Brachial Plexus Injury Case
June 17, 2005 3:07 PM Interesting Med Mal Decision in New York
June 10, 2005 3:27 PM Failure to Warn of Genetic Problem

Resources for Medical Malpractice Attorneys

April 13, 2007 8:23 AM Atlas Images of the Brain
March 16, 2007 8:11 AM Hunt and Hess Stroke Scale
March 2, 2007 12:15 PM Deep Vein Thrombosis
February 23, 2007 8:38 AM Carpal Tunnel Release
February 12, 2007 7:12 AM Organizing Medical Records
January 12, 2007 6:30 AM Cardiac Enzymes
December 15, 2006 7:58 AM RASS Score for ICU Patients
December 8, 2006 7:10 AM Online Medical Dictionary
December 4, 2006 7:55 AM Congenital Heart Defects
November 14, 2006 1:11 AM Hospitals Slow to Respond to Heart Attacks
November 3, 2006 11:22 AM Video of Coronary Artery Bypass Procedure
October 30, 2006 9:07 AM Understanding Spinal Conditions and Surgeries
October 24, 2006 3:38 PM Treatment of Burn Patients
September 28, 2006 3:02 PM Obstetrical Ultrasound
September 19, 2006 11:57 AM Check Health Care Provider Patient Safety and Health Care Quality Rankings
September 14, 2006 9:05 AM Compare Home Health Agencies
September 13, 2006 1:06 PM Healthcare Provider Licensure Verification
August 23, 2006 4:36 AM Foreign Object Retention
August 22, 2006 12:29 PM Information Regarding Medications
August 5, 2006 6:15 AM "Good Morning, Doctor. Please Put Me Under Now and Let the Cutting Begin."
July 24, 2006 8:33 AM Another Resource for Medical Information
July 21, 2006 3:02 PM Traumatic Brain Injury Guidelines
July 21, 2006 8:26 AM Great Resource for Medical Information
June 26, 2006 8:45 PM Hospital Information
June 19, 2006 11:12 AM Another Video - Placement of an Arterial Line
June 9, 2006 1:50 PM New Book
June 2, 2006 11:38 AM Video on Nasogastric Tube Insertion
June 1, 2006 11:35 AM Video on Male Urethral Catherization
May 18, 2006 5:02 PM Atlas of Human Anatomy Resource
April 26, 2006 7:30 PM Interpretation of Lab Tests
March 14, 2006 12:39 PM ICD-9 Codes
February 21, 2006 5:31 PM Links to Medical Images
February 14, 2006 12:16 PM Understanding Rotator Cuff Injuries
January 21, 2006 12:43 PM Resources for Lawyers With Stroke-Related Cases
January 18, 2006 3:26 AM New CPR and ECC Guidelines
January 13, 2006 4:22 PM Vision Cases
January 2, 2006 1:42 PM Testing for Cervical Cancer
December 26, 2005 7:31 PM Medical Podcasts
December 23, 2005 1:28 PM Practice Guidelines in Neurology
December 22, 2005 2:21 PM Information About Strokes and Cerebrovascular Accidents
December 20, 2005 6:20 PM Online Resources with DSM-IV Code Information
December 2, 2005 2:41 PM Family Medicine Resource
November 29, 2005 10:07 AM Practice Guidelines for the Emergency Room
October 27, 2005 3:49 PM Pharmacy License Information
October 20, 2005 2:05 PM Helpful Website for Medical Research
September 30, 2005 4:06 PM Ranson's Criteria in Pancreatitis
September 20, 2005 3:47 PM Requests for Production of Documents in Medical Malpractice Cases
September 14, 2005 3:10 PM Resource for Emergency Medicine Topic Research
September 8, 2005 1:07 PM Calculate Gestational Age
August 30, 2005 6:41 PM Antibiotic Prophylaxis in Dental Patients
August 29, 2005 3:37 AM Ovarian Cancer
August 24, 2005 11:31 AM CCU and MICU Study
August 23, 2005 10:43 AM Wernicke's Encephalopathy Following Bariatric Surgery
August 20, 2005 12:15 AM An Effort to Prevent Shoulder Dystocia
August 18, 2005 5:31 PM Angioplasties
August 12, 2005 4:02 PM Medical Abbreviations
August 11, 2005 1:23 PM Compartment Syndrome Can Lead To Loss of Limb
August 4, 2005 3:38 PM Interpreting Arterial Blood Gases
August 2, 2005 3:26 PM Reading Fetal Heart Monitor Tracings
July 29, 2005 4:48 PM Glasgow Coma Scale
July 18, 2005 4:09 PM Orthopaedic Texbook Online
July 15, 2005 2:22 PM Finding a Health Care Provider's Business Name
July 12, 2005 3:12 PM Compare Nursing Homes
July 8, 2005 1:51 PM Locating Medical Journal Citations
July 6, 2005 10:17 PM See Operations on the Internet
July 5, 2005 3:23 PM Obesity and Bariatric Surgery Website
June 29, 2005 6:23 PM Verifying Physician Licensure Status
June 14, 2005 2:56 PM Medical Research on the Web

Subscribe

April 23, 2005 1:45 AM RSS

The Bookshelf

November 20, 2006 8:57 AM Human Anatomy Atlas
December 27, 2005 2:36 PM Merck Manuals
September 7, 2005 4:34 PM Help With EKG Interpretation

Tort Reform

January 11, 2007 7:04 AM "The Great Medical Malpractice Hoax"
July 15, 2006 9:15 AM Disciplinary Action Against Medical Malpractice Expert Witness Not Subject to Immunity
July 13, 2006 5:14 AM Great Article in Slate Magazine
May 31, 2006 11:28 AM Patient Safety Reform
May 11, 2006 6:58 PM Harvard study on Medical Malpractice Litigation published in the New England Journal of Medicine
March 11, 2006 12:34 PM Wisconsin Legislature Passes New Damage Cap
February 20, 2006 5:29 PM Medical Malpractice Legislation - Debate Heats Up Again In Tennessee
February 8, 2006 11:00 AM Governor's State of the State Address and Responsibility
November 11, 2005 4:51 PM What is going on in Wisconsin?
November 6, 2005 6:18 PM More on Torm Reform Legislation
November 6, 2005 6:01 PM Virginia Legislators Learn the Truth About Rising Medical Malpractice Insurance Premiums
October 12, 2005 2:11 PM Tennessee Med Mal Payouts
August 26, 2005 9:37 PM Summary of Medical Malpractice Reform Proposals
August 8, 2005 12:24 PM Calling It Right
August 1, 2005 10:24 PM More Data on Verdicts
July 31, 2005 4:29 PM Medical Malpractice Bill Passed By House
July 31, 2005 3:08 PM Medical Malpractice Insurance Crisis is "Over"
July 19, 2005 3:02 PM The Tort Crisis Myth
July 10, 2005 2:32 PM Report from Center for Justice and Democracy on Medical Malpractice
July 7, 2005 4:45 PM Another Study On Malpractice Insurance Rates
July 6, 2005 4:42 PM Cato Institute Article
July 2, 2005 3:21 PM Doctor Speaks Out In Favor Of Medical Malpractice Litigation
June 24, 2005 3:29 PM Special Courts for Doctors?

Trial Techniques

December 14, 2005 11:06 PM Cost Saving Exhibits for Trial
November 7, 2005 6:31 PM Batson Challenges During Jury Selection
November 2, 2005 9:04 PM Using Computer Animations and Simulations at Trial
September 15, 2005 5:35 PM Preparing for Trial Checklist
September 11, 2005 2:17 PM Playing Courtroom Video in Trial