To be precise, I am not talking about iPhones. I am talking about the apps for iPhones. There are hundreds and hundreds of iPhone apps for health care providers that permit one to help formulate a differential diagnosis, check for drug-drug interactions, or identify medications. So, does the standard of…
Day on Torts
“Venous Thromboembolism–Risk Factors, Prevention, and Diagnosis”
David B. Troxel, MD of the Doctors Company has written a great article about VTE inThe Doctor’s Advocate.. The article reviews the risk factors for VTE, the prevention of VTE, and the diagnosis of DVT and includes a reference to the American College of Chest Physicians’ guidelines. Read here –…
Counting Blessings
Last night at about 10:45 EDT I had to occasion to start counting blessings. My advancing age means I do this more and more, and it also causes me to realize that I should have counted those blessings more frequently in years past . I will tell you what gave rise to the time for reflection in…
Federal Rule of Evidence 502
On September 28, 2008 FRE 502 become applicable in federal court. The rule provides that under certain circumstances the disclosure of attorney-client material and work product material does not constitute a waiver. Read the full rule here. Federal Evidence Review is a great resource for infromation about this rule. Click…
Tort Cases From the Past – Palsgraf
Last Monday I referred to the Palsgraf opinion and took the opportunity to re-read it. I suggest you do the same. The dispute between Justice Cardozo and Justice Andrews lives on. Read this and tell me who could have written the exact same words almost 100 years later: The proposition…
Sanctions for Spoliation in Federal Court
The United States Court of Appeals for the Sixth Circuit recently ruled that federal law applies to determination what sanctions should be available for relief of spoiled evidence in federal question cases. The en banc decision reversed precedent and brought the circuit in line with other appellate courts. An excerpt: …
SVMIC Supplies Us With Surgical Checklist
SVMIC, the medical malpractice insurer owned by doctors for doctors, has published information about a seminar it offered to its insureds addressing the issue of surgical checklists. This is how SVMIC describes the seminar it called "“Applied Aviation Safety Practices for Surgeons and Anesthesiologists:” The basic premise of these seminars was…
Download a Free Copy of Trial Law Report – Tennessee Tort Law Edition
Every month I let you know that a new edition of our newsletter – Trial Law Report – Tennessee Tort Law Edition – is in the mail to our subscribers. This month, we are making a free copy available for downloading by each of you, the loyal readers of this blog. (The…
That Crazy Causation Element
"Yeah, the facts demonstrate a Shoney’s buffet of negligence, but there is no proof that any of that negligence caused any harm. So what?" This case out of Illinois is a classic example. Russell was found severely injured at the bottom of some steps. When found he said "I fell over…
Tennessee Public Acts
Westlaw charges you for looking at the language of a public act after it has been codified. The Tennessee Secretary of State has the language of the public act for free at this site. The site includes public acts back to 1997.