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Day on Torts

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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…

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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…

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TBA Journal – Recreation Limits Litigation

I write a quarterly column on tort law for the Tennessee Bar Journal.  The  column for the May edition of the publication discusses Tennessee’s recreational use statute, Tenn. Code Ann. §70-7-101 et seq, An excerpt: The Tennessee Supreme Court has interpreted the recreational use statute as one that gives rise to…

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Medical Record-Keeping

The Doctors Company, a medical malpractice insurer, has published this article about keeping medical records.  An excerpt: The following entries should appear in the office or hospital records of each patient: Results of a patient’s physical examination, specifically noting the absence of abnormality. Patient history, a list of all medications…

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Chrylser’s Bankruptcy Filing – A Tort Lawyer’s Thoughts

If you are breathing and can read, you know that Chrysler has filed a Chapter 11 bankruptcy petition. I am not a bankruptcy lawyer.  I am not a corporate lawyer.  But the filing has some immediate consequences readily apparent to the reasonably prudent tort lawyer. 1. Pending Cases.  All tort…

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Can A Podiatrist Give Causation Testimony?

A Virginia trial judge refused to allow a podiatrist to give causation testimony in a FELA case where a railroad worker alleged his foot problems were caused by conditions in the workplace.  The Virginia Supreme Court has agreed to hear the case. Here is the wording of the assignment of error that…

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