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Day on Torts

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Debunking the Myth: The Poor Do Not File More Medical Malpractice Cases

Four professors have written an article titled "Do Poor People Sue Doctors More Frequently? Confronting Unconscious Bias and the Role of Cultural Competency." The article concludes that "Contrary to popular perception, existing studies show poor patients, in fact, tend to sue physicians less often. This may be related to a…

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SVMIC Enjoys More Financial Success

State Volunteer Mutual Insurance Company, the Tennessee medical malpractice insurer owned by the doctors themselves, has had another profitable year even with its significant rate decrease. The company, which insures about 75% of the doctors in the state, has announced the following financial results and other data for the year…

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Pretrial and Trial Agreements – Saving Money Through Thinking and Planning

Forbes recently published a fascinating article about Steve Susman’s thoughts on saving money in litigation.  The article reports that Susman has launched a website called "Trial by Agreement" that "provides a sort of 0pen-source repository of pre-trial agreements that lawyers can use to reduce the often needless expense of electronic…

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New Expert Witness Background Search Service

Robert Ambrogi has shared the existence of a fascinating service concerning expert witnesses. The service, called Expert Witness Profiler, checks into the expert’s background, testimonial history, social media profile, and more.  Here is what the profile includes: Testimonial history. Challenge (Daubert/Frye) history. Disciplinary history. Licensing and certifications (including verification). Educational…

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Parents Sue for Wrongful Birth of Child With Cystic Fibrosis. What Would Happen in Tennessee?

Insurance Journal reports that the parents of a child born with cystic fibrosis sued various Montana  health care providers,  saying that had they known of the genetic disorder they would have terminated the pregnancy. Cystic fibrosis causes sticky mucus buildup in the lungs and other organs, leading to infections, digestive…

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Retailers Escape Responsibility for Injuries and Deaths From Dangerous Foreign-Made Products

I have a column that bears the same name as this blog that appears three times per year in the Tennessee Bar Journal. The January 2012 edition of the publication includes the column, this time titled “Retailers Escape Responsibility for Dangerous Foreign-Made Products.”  The column addresses one provision of the poorly-named Tennessee…

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Alabama Holds That Wrongful Death Law Protects Unviable Fetus – Tennessee Law Does Not

Two recent cases from the Alabama Supreme Court hold that a parent may bring a wrongful death lawsuit on behalf of a stillborn child that was incapable of life outside the womb. In Hamilton v. Scott, No. 1100192 (Ala. Feb. 17, 2012, Amy Hamilton alleged that several defendants negligently caused the…

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Tennessee Medical Malpractice Insurance Rates for Doctors Decline Again

State Volunteer Mutual Insurance Company, the professional liability insurance company owned by doctors, has once again lowered the cost of insurance paid by Tennessee doctors. Some highlights: The rate revision represents an overall rate decrease of 8.4% at limits of $1,000,000 / $3,000,000.  This results in an average per physican…

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