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Articles Posted in Medical Negligence

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Lawyer and Insurer May Be Sued For Pressuring Opposing Witness Into Not Testifying

Teresa Sigmon, attorney for the defendant in a medical malpractice case, allegedly pressured one of the plaintiff’s consulting experts in the case into withdrawing from an agreement to testify for the plaintiff. The plaintiff then sued her, her law firm, and the the medical malpractice insurer for “abuse of process,…

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Deaths from Medical Malpractice

It is getting worse. A study of patients in our Medicare population has found an alarming number of incidents and deaths. The study looked discharge records of Medicare patients and used 16 of “20 indicators for potentially preventable patient safety incidents that could be readily identified in hospital discharge data.…

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Doctor and Employer “Bit By Their Own Dog”

The locality rule in medical malpractice cases is absolutely ridiculous. It is designed to create an artifical barrier to recovery, to protect doctors and hospitals, particularly those in rural areas, from malpractice suits. It pretends that there is a difference in the standard of care given the size of the…

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Peer Review Statute Analyzed

The Tennessee Peer Review Law of 1967 was “was passed with the stated intent of encouraging ‘committees made up of Tennessee’s licensed physicians to candidly, conscientiously, and objectively evaluate and review their peers’ professional conduct, competence, and ability to practice medicine.’ The statute further ‘recognizes that confidentiality is essential both…

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Delay in Obtaining Expert Results in Dismissal of Case

The Supreme Court of Mississippi has granted summary judgment in favor of a physician when the plaintiff failed to timely respond to discovery seeking information about plaintiff’s expert witnesses and did not timely file an expert affidavit opposing the summary judgment motion. Plaintiff maintained that she was entitled to more…

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