Where plaintiff originally filed a health care liability suit under the GTLA against multiple defendants, but before any responsive pleading was filed plaintiff filed an amended complaint naming only the physician as a defendant, a subsequent notice and order of voluntary dismissal entered as to the defendants not named in…
Dr. Benjamin Strong, Chief Medical Officer at vRad, has written an article on health care liability claims against radiologists. Dr. Strong “analyzed all 220 claims made against vRad radiologists between June 2017 and October 2020—applying a detailed classification taxonomy including the alleged type of miss, study type, if the standard…
While the parties to an arbitration agreement may agree to “arbitrate threshold issues concerning the arbitration agreement,” issues concerning whether a contract was actually formed should be decided by a court. In Edwards v. Allenbrooke Nursing and Rehabilitation Center, LLC, No. W2016-02553-COA-R3-CV (Tenn. Ct. App. Oct. 26, 2017), plaintiff sued…
In Bradley v. Bishop, No. W2016-01668-COA-R3-CV (Tenn. Ct. App. Mar. 30, 2017), the Court of Appeals affirmed a jury verdict for defendants in a health care liability case. For eight years, plaintiff had been treated for a fibroid in her uterus that caused extensive bleeding. In 2012, another fibroid was…
The following is taken from an article in Clinical Advisor: A new study has revealed mostly good news for anesthesiologists – since 2005, anesthesia-related medical malpractice claims have decreased dramatically, particularly in inpatient situations. The study, “Comparison and Trends of Inpatient and Outpatient Anesthesia Claims Reported to the National Practitioner…
This appeal arises from a healthcare liability action. At issue is the adequacy of the pre-suit notice, whether the partial summary judgment on the non-healthcare liability claims should have been set aside due to alleged concealment by the defendant, whether the plaintiff should have been permitted to amend the complaint…
Those of us who are medical malpractice lawyers or personal injury lawyers spend some time every day learning some aspect of medicine. Like most of you, I am always on the lookout for good websites that will help me learn some aspect of medicine that will help me help my clients.…
Our firm represents people with brain injuries and, depending on the nature of the injury, it can be quite difficult to help a jury understand precisely how these injuries can impact the life of the injured person and his or her entire family. This site offers fundamental principles that…
Our firm, The Law Offices of John Day, P.C., has been asked to represent people who have lost their eyesight as a result of medical malpractice or trauma. Thus, we are very interested in scientific advancements that can minimize the horrible effects of vision loss. This reference fin the Fall…
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. All to often, jurors…