The "error in judgment" rule in Tennessee medical malpractice cases is perhaps the most unfair principle of the common law of torts. The rule was conceived in recognition of the fact that there may be more than one right way to approach a medical issue – the "two schools of…
This is a healthcare liability case with the central issues being (1) compliance with the notice provisions of the statute; and (2) the statute of limitations. Here is the procedural history in the trial court: September 25, 2009 – Decedent presented to the emergency room at Defendant Parkwest Hospital …
The Kentucky Supreme Court has reversed a verdict for the defendants in a medical malpractice (health care liability) case because the trial judge failed to grant a request of the patient’s lawyer to strike two jurors for cause. The reversal was granted notwithstanding the fact that the lawyer for the…
Tennessee Court of Appeals rules that Tennessee courts lose jurisdiction to reconsider dismissal when an aggrieved party fails to take proper action within the limited 30-day window after entry of final judgment. In Hailey v. Wesley of the South, Inc., d/b/a Wesley at Dyersburg, No. W2012-01629-COA-R3-CV (Tenn. Ct. App. Nov. 19,…
There is a new case on how one establishes the deadline for filing medical malpractice claims against the military hospitals and other health care providers associated with the federal government under the Federal Tort Claims Act (FTCA). The case applies to FTCA claims arising in Tennessee, Kentucky, Ohio, and Michigan.…
More of our coverage of the 2013 Tennessee Health Care Liability Report issue by the Tennessee Department of Commerce and Insurance reflecting medical malpractice claims information for the year ending December 31, 2012. As mentioned in Part 1 of this series, the total damages paid to claimants in 2012 was…
Tennessee law has an unusual rule concerning expert witnesses in health care liability cases – the "contiguous state rule." Usually, the rule hurts patients because it limits the pool of expert witnesses available to testify on their behalf. Sometimes, however, it comes back to bit health care providers. An ophthalmologist…
The Tennessee Department of Commerce and Insurance has released the 2013 Health Care Liability Report. Unfortunately, the report bears the date on which it is issued rather than the year the data used to generate the report is based. In any event, the data confirms what most of us…
These days, almost all Tennessee nursing homes and rehabilitation centers include arbitration agreements in their admission documents. In this case, enforceability became an issue because the arbitration agreement was signed by the patient’s sister who did not have a power of attorney. Moreover, it was undisputed the patient did not have…
Pre-suit notice in Tennessee health care liability cases continues to be a huge problem for victims of medical malpractice. In this case, Plaintiff sent notice, included all of the necessary forms and paperwork, and attached it to the complaint – but it turned out to be sent to the wrong…