The Tennessee Supreme Court has a reversed its previous position and determined that it will permit juries to hear evidence from qualified experts on the reliability of eyewitness identification. The Court had ruled that such testimony was not admissible in 2000. Now, in State v. Copeland, the Court has reached…
Good news for all concerned. SVMIC, the doctor-owned professional liability insurer, has announced a rate reduction. You probably won’t read about falling medical liability insurance rates in the newspaper, but you can tell your friends and neighbors that rates are dropping even though the Legislature has not placed caps on…
I have been in mediations the last two days and have two depositions in a very significant case today. Therefore, I simply do not have time to do a substantive post. I will take time to say one thing, however. This is my 1000th post on this blog. 1000 posts…
The Tennessee Department of State has administrative rules and regulations on its website.
The opening paragraphs of this opinion from the Supreme Court of Missouri sum up the case nicely: "This case involves a motion to enforce a settlement agreement in a tort action. The Eatons contested the motion alleging they did not authorize the figure offered by their dismissed attorney that was…
Among the actions taken by the ALI at the meeting in San Francisco this past week was the rejection of the need for the magic words "reasonable degree of medical certainty." The following language was approved for Section 28(a) of the Restatement of Torts Third: "Subject to Subsection (b), the…
Georgia’s med mal statute requires that when a complaint is filed the plaintiff must submit a medical authorization. The statute says that "the authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation,…
The Joint Commission on International Patient Safety has a website that it calls "Patient Safety Practices." Here is the introduction to the site: "Welcome to Patient Safety Practices, a new online resource for health care professionals and the public. Over 900 links to trusted patient safety websites are provided, with…
I am still in San Francisco at the ALI meeting. Last night we had a reception at the Legion of Honor and then dinner at the Boulevard. On today’s agenda are discussions of proposed restatements on the law of nonprofit organizations, aggregate litigation (class actions) and restitution and unjust enrichment. …
Some of you have looked at the upper right-hand corner of this blog and noticed that our firm name has changed to The Law Offices of John Day, P.C. Those of you on our announcement list received a more formal notice last week. What’s going on? John Branham, the gentleman I…