The U.S. Centers for Disease Control and Prevention has estimated that motor vehicle accidents cost the United States economy almost $100 billion each year, or about $500 per licensed driver. Motorcycle accidents cost about $12 billion. Car and truck accidents total $70 billion. The CDC looked at data from 2005. …
Day on Torts
A Great Tip on Opening Statements
Winning Trial Advocacy Tips is the best trial advocacy blog on the web. Click here to read a recent post from the blog on tips for opening statements. An excerpt: In the courtroom, you probably talk in the past tense during opening statements and direct examination because you’re describing events…
How To Help Jurors Remember Important Facts
Winning Trial Advocacy Tips shares another great post – this one called "Sticking Thoughts in Your Jurors’ Brains." An excerpt: Repetition helps us remember, but it can also bore us to sleep. As the trial lawyer, your goal is repeat the information often enough that your jury remembers it,…
Brain Trauma – A Lifelong Problem
This new article reveals that traumatic brain injury, currently considered a singular event by the insurance industry and many health care providers, is instead the beginning of an ongoing process that impacts multiple organ systems and may cause or accelerate other diseases and disorders that can reduce life expectancy, according to…
Important Medicare Subrogation Decision
The United States Court of Appeals for the Eleventh Circuit has ruled that Medicare is not entitled to rely on its field manual and argue that a subrogation interest be reduced under a "made whole" type of analysis only if a judgment is entered in the case. In Bradley v.…
NEJM Editor Asks: Is Academic Medicine for Sale?
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…
Electronic Service of Papers Now Permitted in State Court
The Tennessee Rules of Civil Procedure have been amended to permit pleadings, motions, discovrey and briefs to be served via email. Here is the new rule: Here is the text of Rule 5.02(2): (a) Service upon any attorney may also be made by sending him or her the document in…
Medical Errors
This article from Newsweek reveals some interesting information on medical errors. An excerpt: Undoing a culture is hard, especially one steeped in hierarchy and intimidation, where doctors tend to reign supreme and nurses, pharmacists, and technicians fall into the ranks below. “What underlies it is arrogance,” says Pronovost, an anesthesiologist…
Data on Tennessee Hospitals
Bill Leader reminded me the other day that you can access detailed information about Tennessee hospitals from the Tennessee Department of Health Website. Here is the site. There is a 40 + page PDF of information on each hospital. Here is a list of the types of data for each…
Bill Haslam’s Health Care Commercial
Bill Haslam is the Republican nominee for Governor of Tennessee. I have never met the gentleman, but my friends who have say he is friendly and bright. Mr. Haslam’s latest television commercial calls for Tennesseans to address problems in health care, asking for more personal responsibility and tort reform…