Personal Injury Law

Tennessee Medical Malpractice Filings 2010 -Part 3

Posted on October 31, 2010
This is Part 3 of my report on medical malpractice case filings in Tennessee.  (Click to read Part 1 and Part 2.)  Here are the case filings for some of the larger counties in the state for the year ended September 30, 2010:   County                                                           Shelby                         88                                    Davidson                    67      Knox                           27    Hamilton                    17         Rutherford                 11         Montgomery                4       Washington                 9       Sullivan                       10          Maury                           4          Sumner                        8         Anderson                    7            Wilson                          2          Dickson                       1           As of the end of October, 2010, 55 counties had no medical malpractice cases filed in the 12 months preceding September 30, 2010 and seventeen counties only had 1 medical malpractice case filed in the period...

Leading Tennessee Tort Cases - Conflict of Laws in Tort Cases - Generally

Posted on October 29, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 17.1     Generally  The Case: Hataway v. McKinley, 830 S...

Do Auto Safety Standards Save Lives?

Posted on October 28, 2010
On Tuesday the 26th I posted about a NHTSA report on traffic safety.   I saved for today a reference to what the organization believes is a major cause of the decrease in deaths and injuries in motor vehicle cases:   safety regulations and programs imposed by state and federal governments...

Leading Tennessee Tort Cases - Confidential Relationship - The Difference Between Fiduciary Relationships and Confidential Relationships

Posted on October 27, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 16.2     The Difference Between Fiduciary Relationships and Confidential Relationships  The Case: Foster Business Park, LLC...

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Vehicle Crashes, Death and Injuries Continue to Decline

Posted on October 26, 2010
The National Highway Traffic and Safety Administration has issued a report analyzing motor vehicle crash data for 2008.  The good news:  the number of vehicle crashes, deaths and injuries continue to decline. From the report:    The number of vehicle miles traveled (VMT) is the primary exposure measure used when analyzing the occurrence of fatal motor vehicle crashes...

Leading Tennessee Tort Cases - Confidential Relationship - Abuse or Breach of Confidential Relationship

Posted on October 22, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 16.1     Abuse or Breach of Confidential Relationship The Case: Givens v...

Leading Tennessee Tort Cases - Comparative Fault - Vicarious Liability After Comparative Fault

Posted on October 20, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.29 Vicarious Liability After Comparative Fault The Case:   Browder v...

Cost of Auto Accidents

Posted on October 19, 2010
The U.S. Centers for Disease Control and Prevention has estimated that motor vehicle accidents cost the United States economy almost $100 billion each year, or about $500 per licensed driver. Motorcycle accidents cost about $12 billion.  Car and truck accidents total $70 billion...

A Great Tip on Opening Statements

Posted on October 18, 2010
Winning Trial Advocacy Tips is the best trial advocacy blog on the web.  Click here to read a recent post from the blog on tips for opening statements. An excerpt: In the courtroom, you probably talk in the past tense during opening statements and direct examination because you're describing events that have already happened and reached finality...

Leading Tennessee Tort Cases - Comparative Fault - Tortfeasors in a Single Event May be Tried Separately

Posted on October 15, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.28 Tortfeasors in a Single Event May be Tried Separately The Case: McNabb v...

Leading Tennessee Tort Cases - Comparative Fault - Strict Liability Cases

Posted on October 13, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.27 Strict Liability Cases  The Case: Whitehead v. Toyota Motor Corp...

Leading Tennessee Tort Cases - Comparative Fault - Several Liability as a General Rule

Posted on October 08, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.26 Several Liability as a General Rule The Case: McIntyre v...

How To Help Jurors Remember Important Facts

Posted on October 07, 2010
Winning Trial Advocacy Tips shares another great post - this one called "Sticking Thoughts in Your Jurors' Brains."   An excerpt: Repetition helps us remember, but it can also bore us to sleep.  As the trial lawyer, your goal is repeat the information often enough that your jury remembers it, but without putting them to sleep...

Leading Tennessee Tort Cases - Comparative Fault - Negligent Entrustment

Posted on October 06, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.25 Negligent Entrustment The Case: Ali v. Fisher, 145 S.W.3d 557 (Tenn...

Brain Trauma - A Lifelong Problem

Posted on October 04, 2010
This new article  reveals that traumatic brain injury, currently considered a singular event by the insurance industry and many health care providers, is instead the beginning of an ongoing process that impacts multiple organ systems and may cause or accelerate other diseases and disorders that can reduce life expectancy, according to research from the University of Texas Medical Branch at Galveston...

Important Medicare Subrogation Decision

Posted on October 04, 2010
The United States Court of Appeals for the Eleventh Circuit has ruled that Medicare is not entitled to rely on its field manual and argue that a subrogation interest be reduced under a "made whole" type of analysis only if a judgment is entered in the case...

NEJM Editor Asks: Is Academic Medicine for Sale?

Posted on October 03, 2010
Those of us who represent victims of medical negligence and dangerous, defective drugs and medical devices know that a significant percentage of so-called "medical research" is nothing more than fodder prepared to help health care providers and doctors win lawsuits or help manufacturer's reps sell product...

Leading Tennessee Tort Cases - Comparative Fault - Modification by Trial Judge of Fault Percentages Assigned by Jury

Posted on October 01, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.24 Modification by Trial Judge of Fault Percentages Assigned by Jury The Case: Turner v...

Electronic Service of Papers Now Permitted in State Court

Posted on September 30, 2010
The Tennessee Rules of Civil Procedure have been amended to permit pleadings, motions, discovrey and briefs to be served via email.  Here is the new rule: Here is the text of Rule 5.02(2): (a)  Service upon any attorney may also be made by sending him or her the document in Adobe PDF format to the attorney's email address, which shall be promptly furnished on request...

Leading Tennessee Tort Cases - Comparative Fault - Indemnity

Posted on September 29, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.23 Indemnity The Case: Owens v. Truckstops of America v. B...

Medical Errors

Posted on September 28, 2010
This article from Newsweek reveals some interesting information on medical errors. An excerpt: Undoing a culture is hard, especially one steeped in hierarchy and intimidation, where doctors tend to reign supreme and nurses, pharmacists, and technicians fall into the ranks below...

Data on Tennessee Hospitals

Posted on September 26, 2010
Bill Leader reminded me the other day that you can access detailed information about Tennessee hospitals from the Tennessee Department of Health Website.   Here is the site. There is a 40 + page PDF of information on each hospital.  Here is a list of the types of data for each hospital: Identification Classification Accreditations and Approvals Services Financial Data Beds and Bassinets Utilization Psychiatric, Chemical Dependency Emergency Department Personnel Medical Staff Perinatal Nursing Survey Health Care Plans This site will help you gather information to fill in any gaps your expert has on the medical services provided in the community where your medical malpractice defendant practices.

Bill Haslam's Health Care Commercial

Posted on September 26, 2010
Bill Haslam is the Republican nominee for Governor of Tennessee.  I have never met the gentleman, but my friends who have say he is friendly and bright.   Mr. Haslam's latest  television commercial  calls for Tennesseans to address problems in health care, asking for more personal responsibility and tort reform in the scope of five seconds...

Leading Tennessee Tort Cases - Comparative Fault - Financial Impact of Settlement With One of Multiple Tortfeasors

Posted on September 24, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.22 Financial Impact of Settlement With One of Multiple Tortfeasors The Case: Williams Holding Co...

Per Diem Arguments

Posted on September 24, 2010
Justice William C. Koch referenced an article by Joseph H. King, Jr.  about per diem arguments in his concurring opinion in Elliott v. Cobb,  W2009-00961-SC-S09-CV  (Sept. 23, 2010).  Elliott recognized that lawyers in medical malpractice cases tried in Tennessee have a right to argue the monetary value of the case but cannot argue the amount sued for in the ad damnum...

Rita's Rules for Email (With Comments and Additions by John)

Posted on September 23, 2010
More and more of the communications between lawyers are conducted by email.  For the most part, I approve of the change and, indeed, I proposed and served as the principle author of the new rule of civil procedure that allows for the service of papers in state court via email...

Leading Tennessee Tort Cases - Comparative Fault - Fifty Percent Rule

Posted on September 22, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here.  § 15.21 Fifty Percent Rule The Case: McIntyre v. Balentine, 833 S...

Effective Use of Depositions at Trial

Posted on September 21, 2010
Winning Trial Advocacy Tips has an excellent post on how to improve the reading of depositions at trial. An excerpt: 4. Tab the appropriate pages.  Just like on the radio, you want to prevent the courtroom from filling with 'dead air.'  When your witness is flipping through pages of the transcript, trying to find what portion he's supposed to read next, it breaks the flow of your presentation and gives the jurors' minds an opportunity to wander away...

Leading Tennessee Tort Cases - Comparative Fault - Fault of Plaintiff's Employer or Co-Employee

Posted on September 17, 2010
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases.  To order the book go here. § 15.20 Fault of Plaintiff's Employer or Co-Employee The Case: Snyder v...

Making Adjustments at Trial

Posted on September 16, 2010
Trial Lawyer Tips has this great post on the need to be aware of what is happening in the courtroom and changing your game plan as the need arises.

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