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Day on Torts

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Oregon Supreme Court Addresses Expert Testimony in Medical Malpractice Cases

The Oregon Supreme Court has released a fascinating opinion on expert testimony.  The Court stated that the Plaintiff experienced symptoms of pain, swelling, and discoloration in her left hand immediately after injection of a chemical called gadolinium; her pain and the discoloration have continued.  At trial, plaintiff proffered the testimony…

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A Change at the Tennessee Tort Law Letter – And an Announcement

After over 13  years,165 editions, and no less than  1500 printed pages,  I have resigned from my position as the Editor of the Tennessee Tort Law Letter."   The September 2008 edition, mailed a couple days ago, is my final edition. I will be taking one month off and then will launch a…

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Mississippi Supreme Court Discusses Certificates of Merit in Med Mal Suit

The Mississippi Supreme Court accepted review of  a case where the plaintiff failed to attach either an attorney’s certificate of consultation, or an expert disclosure in lieu of the certificate, as required by Mississippi Code Annotated Section 11-1-58 (Rev. 2007).  The question is whether that fact required a dismissal of the…

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“Defending the Damages Only Case”

Smart defense lawyers know that sometimes the best defense is to admit liabilitiy and talk about damages.  This article  – "Defending the Damages Only Case" – is written by Mercer Clark of Miami.  It appeared in the Winter 2008 edition of the Federation of Defense & Corporate Counsel Quarterly. Defense…

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Standard of Care for Prescribing Medication

The Tennessee State Board of Medical Examiners has a policy about prescribing drugs.  It applies to any prescription written for a patient, whether in person, electronically, or over the Internet.  The policy includes the following: (1) Except as provided in paragraph (2), it shall be a prima facie violation of…

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