From a recent press release issued by the Tennessee Dept. of Commerce and Insurance: "Public Chapter 744, effective May 23, 2006, contains several important changes to the Medical Malpractice Reporting Law of Tennessee, (Public Chapter 902, adopted in 2004, and codified at Tenn. Code Ann. § 56-54-101). For the first time, it…
Efforts to improve teamwork and communication have substantially reduced births resulting in traumatic injury . Many of the Seaton hospitals have worked with the Institute for Healthcare Improvement to reduce preventable childbirth injuries by " improving communications, standardizing procedures and reducing risky methods that speed deliveries, including forceps use, vacuum deliveries…
It just makes sense for hospitals and doctors to try to resolve problems with patients before lawyers get involved, and it looks like they are starting to do it. This article from www.law.com explains how facilities are starting to aggressively deal with potential claims and avoid litigation. Look at what…
Dr. Fullerton made a horrible mistake. He testified for a patient in a medical malpractice case. The defendants won the case and turned Dr. Fullerton into the Florida Medical Association "stating, among other things, that his opinion testimony fell below reasonable professional standards, that it was made “for the sole purpose…
The case: Robinson v. LeCorps, 83 S.W.3d 718 (Tenn. 2002). Author: Justice E. Riley Anderson Why it is a Blue Chipper: Robinson made it crystal clear that a standard of care expert in a medical malpractice case may not base that testimony on a national standard of care and that…
The Supreme Court of Tennessee issued an important ruling on the “foreign object” exception to the medical malpractice statute of repose and statute of limitations. The case is Chambers v. Semmer, M.D., and deals with what exactly constitutes a foreign object. The plaintiff’s theory in the case is that a…
I apologize for the lack of a post Friday and Saturday. Friday morning I was in North Carolina and did not have access to a computer. By the time I made it to the office I had back-to-back conference calls or appointments until 4:15 and just decided to wait until…
The Supreme Court just issued its opinion in Alsip et al v. Johnson City Medical Center et al. More information on the opinion, holding that defense counsel may not participate in ex parte communications with a plaintiff’s non–party treating physicians, is available over at our firm’s medical malpractice blog. I…
Judge Koch and the Court of Appeals for the Middle Section have ruled that a summary judgment in favor of a doctor in a medical malpractice case must be reversed because the plaintiff was not given adequate time to marshal the facts necessary to respond to it and submit an…
The Joint Commission has released the Fourth Edition of its book “Patient Safety Essentials for Health Care.” The blurb: “This book is the complete guide to the Joint Commission’s safety standards for ambulatory care, behavioral health care, critical access hospital, home care, hospital, and long term care organizations. It includes…