My last two posts (here and here) have discussed financial and related information about Tennessee’s largest insurer of physicians that I hope is of interest to Tennessee medical malpractice lawyers and patients. Now I am taking out my crystal ball and looking in the future of SVMIC’s defense of medical…
Day on Torts
SCOTUS Releases Opinion in ERISA Subrogation Case
The United States Supreme Court has released its opinion in U.S. Airways v. McCutchen, No. 11-1285 (USSC April 16, 2013), a case that raised the issue of whether "equitable doctrines and defenses," such as the "common fund" doctrine and the "made whole" doctrine applied to subrogation interests governed by the…
State Volunteer Mutual Insurance Company – 2012 Financial and Claims Data- A Follow-Up Post
Last week I wrote a post titled " State Volunteer Mutual Insurance Company -2012 Financial and Claims Data" that resulted in an unusual number of emails and phone calls. To those that took the time to reach out and thank me for the information, thank you – I appreciate your…
State Volunteer Mutual Insurance Company – 2012 Financial and Claims Data
State Volunteer Mutual Insurance Company (SVMIC), Tennessee’s bedpan mutual, has been around almost forty years. Started by doctors for doctors, it writes more medical malpractice insurance coverage for doctors and their extenders than any other professional liability insurer in Tennessee. The company is insuring a decreasing number of doctors in…
Tennessee Medical Malpractice Report Statistics – Verdicts and Settlements – 2011 – Part 1 of 4
The Tennessee Department of Commerce and Insurance has released its annual statistical report on filings, verdicts and settlements in medical malpractice (now known as health care liability) cases. The report bears the date "2012" even though the data is from 2011. The report is helpful to lawyers who represent patients…
What Happens If a Minor Dies Before A Court Approves a Settlement of the Minor’s Personal Injury Case?
In most if not all states, the settlement of a minor’s personal injury claim must be approved by the Court. This is certainly true in Tennessee – the applicable statute is T.C.A. Section 29-34-105. The Alabama Supreme Court recently decided a case in which the minor died after a settlement…
Screw Public Health and Safety – We Need Jobs!
Alabama just passed a 12-year statute of repose that protects a new corporate citizen – Airbus. Airbus, not content with $158,000,000 in corporate welfare to put a plant in Alabama, sought and has obtained immunity from suit unless its planes cause harm within twelve years. The bill only applies to…
Debunking Medical Malpractice Myths: Unraveling the False Premises Behind “Tort Reform”
The title of this post is the title of a law review article that appears in Vol. 5, Issue 1 of the Yale Journal of Health Policy, Law and Ethics: www.dayontorts.com/uploads/file/Debunking Medical Malpractice Myths(1).pdf. Here is the last paragraph of the article: No one denies that there is a broad array…
2011-12 Damage Awards in Personal Injury and Wrongful Death Cases in Tennessee
As I mentioned in my February 17, 2013 post about Tennessee personal injury and Tennessee wrongful death court filings, the Tennessee Administrative Office of the Court has released statistics about the Tennessee’s justice system. Among the data produced is the amount of money awarded in tort trials for the year…
Statistics on the Number of Personal Injury and Wrongful Death Jury Trials By County – 2011-12 – Part 2 of a Series
As I mentioned in my February 17, 2013 post about Tennessee personal injury and wrongful death court filings, the Tennessee Administrative Office of the Court has released statistics about the Tennessee’s justice system. Among the data produced is information about the number of personal injury and wrongful death jury…