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…
Day on Torts
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.
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…
Slip and Fall Claims
CNA has issued a white paper titled "Slip and Fall Control Techniques for Commercial Real Estate Owners." The report indicates that more than one million people are injured each year in slip or trip and fall incidents and 16,000 people die from falls. CNA adds this: With the aging baby boomer generation,…
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…
May 2009 Edition of the Tennessee Trial Law Report Available
The May 2009 edition of the Tennessee Trial Law Report should be arriving in the mailboxes of our subscribers on Monday May 4. The Tennessee Trial Law Report is the only newsletter in Tennessee written to meet the complete needs of the tort law practitioner. This edition includes a summary…
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…
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…