Articles Posted in Medical Negligence

Torts Prof lets us know that the elected representatives in Arizona believe that ER doctors should not be held responsible for their negligence unless the patient can prove his case by clear and convincing evidence.

Georgia has a pattern jury instruction called the "hindsight" instruction.  It provides as follows: In a medical malpractice action, a defendant cannot be found negligent on the basis of an assessment of a patient’s condition that only later, in hindsight, proves to be incorrect as long as the initial assessment…

My article on the new medical malpractice notice and certificate of good faith legislation (which goes into effect today, July 1) made the cover of the July edition of the Tennessee Bar Journal.  Here is the article. Anyone who practices in the field of medical negligence needs to become familiar…

Sometimes a lawyer representing a patient in a medical malpractice trial may want to introduce evidence of "bad acts" of a health care provider or a provider’s expert witness.   This article   from the Medical Malpractice Newsletter published by the Hinshaw & Culbertson tells us how the defense is going to…

From ACOG’s Press Release: Refinements of the definitions, classifications, and interpretations of fetal heart rate (FHR) monitoring methods were issued today in new guidelines released by The American College of Obstetricians and Gynecologists (ACOG). The objective of the guidelines is to reduce the inconsistent use of common terminology and the…

  Here it is. An excerpt:  Now, I recognize that it will be hard to make some of these changes if doctors feel like they are constantly looking over their shoulder for fear of lawsuits. Some doctors may feel the need to order more tests and treatments to avoid being…

Here is the article from today’s New York Times.

SB  2109   passed the Senate at 11:36 on June 4 and is now on its way to the Governor’s desk.  The Bill  passed the House (HB2233) in May.   UPDATE:  The Governor signed the legislation on June 11.   Click here for information on the June 15 seminar on this important bill. The bill…

The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate earlier today.  If signed by the Governor, and there is no reason to believe that he will not sign the bill, the legislation makes major changes in medical malpractice…

The Tennessee Bar Association is sponsoring a seminar to educate lawyers on the new medical malpractice statute passed by the Senate earlier today.  If signed by the Governor, and there is no reason to believe that he will not sign the bill, the legislation makes major changes in medical malpractice…