The Doctors Company is a medical malpractice insurer. Its website contains articles of interest to all Tennessee medical malpractice lawyers and, in fact, medical malpractice lawyers in every state. For example, one interesting article is titled "When to Evaluate for a Hypercoagulable State." Here is an excerpt: Hypercoagulability…
Senator Ensign (R-Nevada) introduced an amendment to limit contingent fees in medical malpractice cases. The Senator attempted to attached the language to amendment SA 2786 to H.R. 3590, which is intended to amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of…
The Ohio Court of Appeals has ruled that a trial judge committed error by ordering production of a personal injury plaintiff’s medical records without first doing an in camera review to determine if the records should have been turned over to the defendant. The opinion is interesting to Tennessee lawyers…
The Iowa Supreme Court has released an opinion in Thompson v. Kaczinski, 2009 WL 3786632 (Iowa 2009) and adopted the Restatement (Third) of Torts approach to both duty and causation. The case arose after "a motorist lost control of his car on a rural gravel road and crashed upon encountering a trampoline that had been…
More information continues to be leaked to the media about Tiger Woods’ alleged mistresses, and news reports indicate that at least one of them has confirmed a long-lasting affair. What does the law of torts say about this? Alienation of affections, criminal conversation, and reckless infliction of emotional distress immediately…
The good folks at the Winning Trial Advocacy Tips blog have assembled some more great information of interest to trial lawyers. This post is titled "Free Software for Trial Lawyers‘ and features a dozen free or almost free programs of interest to lawyers who try personal injury and wrongful death…
What do you do when a party to a lawsuit intentionally refuses to follow the rules? One judge in Washington State knew what to do: the judge struck the defendant’s answer, entered judgment for $8,000,000, and awarded attorneys’ fees. Last week the Washington Supreme Court had upheld the award. The…
The American Academy of Pediatrics has issued a Policy Statement titled "Guidelines for Expert Testimony in Medical Malpractice Litigation. After reviewing the role of the expert witness in medical malpractice litigation, the Guidelines begin the "recommendations" section of the paper with this statement: The AAP recognizes that physicians have…
The Winning Trial Advocacy Tips blog has a great post titled "Sources for Closing Argument Stories." The post identifies nine different sources for stories that can be used in closing arguments. Here is brief excerpt: 1. Aesop’s Fables. Aesop’s Fables contains dozens of valuable themes for use in your next trial.…
Here is the most up-to-date data on medical malpractice case filings in Tennessee. Regular readers know that effective October 1, 2008 the General Assembly imposed significant restrictions on patients who want to file a medical malpractice suits. The new law, which was modified again effective July 1, 2009, requires pre-suit…