A door that opened into a lobby area and had no warning signs has been held to not be a dangerous condition under certain circumstances. In Wimmer v. Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System, No. E2017-00352-COA-R3-CV (Tenn. Ct. App. Jan. 26, 2018), plaintiff had just finished a doctor’s…
When a potential personal injury defendant dies after an alleged tort, the survival statute will extend the running of the statute of limitations “for a maximum of six months from the date of the death of the tortfeasor or until a personal representative has been appointed.” The fact that a…
A plaintiff’s claim for assault and battery within a medical facility may not fall under the HCLA, and thus not be subject to its pre-suit notice and certificate of good faith requirements. In C.D. v. Keystone Continuum, LLC d/b/a Mountain Youth Academy, No. E2016-02528-COA-R3-CV (Tenn. Ct. App. Jan. 22, 2018),…
When an medical malpractice defendant files a third-party complaint based on a contractual indemnity provision, that third-party complaint may not fall within Tennessee’s Health Care Liability Act. In Johnson v. Rutherford County, Tennessee, No. M2017-00618-COA-R3-CV (Tenn. Ct. App. Jan. 11, 2018), plaintiffs sued various government entities for extreme injuries their…
A new study reveals that “diagnosis-related events are the single largest root cause of medical professional liability claims.” The study “provides insight into the root causes of diagnosis-related claims based on an analysis of 10,618 closed medical professional liability claims at Coverys across a five-year period (2013-2017). The study found…
When a plaintiff asserts the discovery rule as a response to a statute of limitations defense, some documents covered by the attorney-client privilege may become discoverable. In Outpost Solar, LLC v. Henry, Henry & Underwood, P.C., No. M2016-00297-COA-R9-CV (Tenn. Ct. App. Dec. 29, 2017), “two companies brought suit against their…
The American College of Trial Lawyers recently released on white paper on attorney-client privilege. The paper updates an earlier publication on the subject. The paper is an excellent summary of the law in this area, and is especially helpful to those of us in smaller states that have a less…
When a trial court awards punitive damages, it must engage in sufficient analysis on the relevant factors, and its “order must clearly demonstrate how each factor impacted the court’s decision.” In Cox v. Cox, No. E2016-01097-COA-R3-CV (Tenn. Ct. App. Dec. 29, 2017), plaintiff husband filed suit against defendant wife for…
A Rule 60.02 motion to set aside the final judgment in a Tennessee wrongful death action was deemed untimely when filed almost twenty months after the order of dismissal. In Hussey v. Woods, No. W2014-01235-SC-R11-CV (Tenn. Dec. 18, 2017), decedent and Ms. Harris had a long-term relationship but were never…
Allegations related to a patient being injured by a doctor’s handshake may not fall under the HCLA. In Lacy v. Meharry General Hospital, No. M2016-01477-COA-R3-CV (Tenn. Ct. App. Dec. 19, 2017), plaintiff went to defendant doctor for a check up regarding why she was getting short of breath. Upon entering…