Here are the 28 medical events that the National Quality Forum says should never occur: Surgical Events Surgery performed on the wrong body part Surgery performed on the wrong patient Wrong surgical procedure on a patient Retention of a foreign object in a patient after surgery or other procedure Intraoperative…
Day on Torts
Is that Deposition Necessary?
I brought a couple posts from the Lean and Mean Litigation Blog to your attention back in December. These posts discussed the need of formulating a discovery plan before taking depositions. Here is a related article titled "Mastering the Blind Cross-Examination" written by Mark A. Nuebauer. This article questions the…
Off Topic – Roundball
It is 1:45 AM. I just returned to the Carolina Inn after spending a little time on Franklin Street in downtown Chapel Hill, NC. My daughter and I had the pleasure of being in the Dean Dome and watching the Tar Heels win their 5th National Championship. It was a great…
Practice Tip – Look to the Law First
Here is a tip that will improve the quality of your law practice and your life: look at the law first. Oh, things a different in the run of the mill auto case or other cases that you routinely handle. And it is different if you have recently handled a case that…
Genetic Defect in Sperm Gives Rise to Products Claim
A mentally retarded 13-year old girl has been permitted to purse a claim against a sperm bank that sold her mother sperm 14 years ago. She has claimed that the sperm had a genetic defect that caused her mental retardation. The case is Donovan v. Idant Laboratories. Read more about…
The Alleged IME Exposed
IME. Independent Medical Exam. And just how independent is the so-called IME? The New York Times has looked behind the curtain in New York, and it doesn’t like what it saw. Here is an excerpt: "’If you did a truly pure report,” [the IME doctor] said later in an interview, “you’d be out…
April Edition of the Tennessee Trial Law Report
The April 2009 edition of the Tennessee Trial Law Report is in the mail. This edition includes a summary of 11 different cases addressing various aspects of the law of torts, civil procedure, evidence and trial as decided by Tennessee appellate courts between February 15 and March 15, 2009. The newsletter totals…
Off Topic – Photos From Memphis, April 4, 1968
I just saw these previously unreleased photos from Life magazine that were taken on the day that Martin Luther King was shot. Most of the photos were taken at the Lorraine Motel, the site of the murder. They were so powerful I felt that I should share them with you. The Lorraine Motel…
Lawyer Shares Writing Tips
Raymond P. Ward writes "the (new) legal writer," where he shares his knowledge of the art of legal writing. In this post he shares an excellent article that helps us understand techniques for emphasis and de-emphasis in our our writing. An excerpt: "look for your favorite passage in that favorite book, the one…
Take A Look At Your Fee Agreement
The lawyer in this case was not permitted to collect expert witness expenses from his client after an unsuccessful med mal case because the fee agreement with the client said only that the client "may" be responsible for such expenses. What does your fee agreement provide?