Day on Torts

The Tennessee Board of Professional Responsibility has a  website that includes a section that allows you to search ethics opinions by key word.  Of course, it also has a complete set of the displinary rules.

The November 2007 Annals of Surgery  has an interesting article on surgical errors.  The abstract of the article says that  the authors "analyzed 444 randomly sampled surgical malpractice claims from four liability insurers. Among 258 claims in which injuries due to error were detected, 52% (n = 133) involved technical…

We are hearing it again this year:  doctors are leaving the state because we don’t have caps on damages in medical malpractice cases.  When pressed for evidence on this point,  a doctor will refer to "some guy in Memphis" or "some woman in Knoxville" who quit practicing medicine because of…

The Eastern Section of our Court of Appeals has ruled that Rule 5A(4)(c) of the Tennessee Rules of Civil Procedure means what it says and that a party cannot fax file an affidavit opposing a motion for summary judgment . Rule 5A (4)(c) says that “The following documents shall not…

Day on Torts:  A Handbook for Tennessee Tort Lawyers 2008 has been updated to include all cases through Sunday, January 13, 2008. The updates work like this.  After you have found the leading case summarized in one of 233 sections of the book, go to the "Free Updates" page of…

Yesterday I wrote about tort statistics revealed by the 2006-07 "Annual Report of the Tennessee Judiciary."  Among the statistics I cited was that there were 584 medical malpractices cases filed in the state of Tennessee and a total of 15 medical malpractice trials. To put that in perspective, remember that according…

The Tennessee Supreme Court has just released the 2006-07 “Annual Report of the Tennessee Judiciary.” It has some amazing, indeed alarming, information. There were 584 medical malpractice cases filed in Tennessee last year. To put that in perspective, there were 10,165 general “Damages/Torts” cases filed. Indeed, there were less medical…

A Great Trial Lawyer Takes Time to Think It is easy to get lost in the daily grind of litigation. The phone constantly rings. The computer’s “ding” tells us that another email has arrived. Each piece of mail brings another task and another deadline. Each fax brings bad news, especially…

I have an early morning meeting and won’t be able to post until closer to Noon.  Check back later for another in the Great Lawyer series.

T.C.A. Sec. 29-11-105 (b) says as follows:  "No evidence of a release or covenant not to sue received by another tort-feasor or payment therefor may be introduced by a defendant at the trial of an action by a claimant for injury or wrongful death, but may be introduced upon motion…