Charlie Weis, head football coach at Notre Dame, sued two doctors in connection with injuries he received following gastric bypass surgery. The trial in underway in Boston. He alleges that he suffered internal bleeding after the procedure and that his doctors failed to promptly correct it. The doctors say that…
The Ohio Supreme Court has ruled that "both an original medical bill rendered and the amount accepted as full payment are admissible to prove the reasonableness and necessity of charges rendered for medical and hospital care." The Court went on to say that "[t]he jury may decide that the reasonable value…
The Kansas Supreme Court has stated that a patient injured as a result of alleged medical negligence can file suit under the state’s consumer protection act. The patient , Williamson, alleged that the defendant doctor "represented that the surgery he was recommending had a high likelihood of successfully relieving her…
A patient unhappy with the results of her plastic surgery created a website about her experiences. Her surgeon sued her for defamation, infliction of emotional distress, etc. The patient moved to dismiss, lost, and appealed the case to the California Court of Appeals (Third Appellate District). This is how the Court describes…
Intentional Interference With Contractual Relations The Case: Trau-Med of America, Inc. v. Allstate Ins. Co., 71 S.W.3d 691 (Tenn. 2002). Author: Justice William M. Barker Why it is a Blue Chipper: Trua-Med is the first Tennessee case to recognize a common law cause of action for intentional interference with contractual…
The Hawaii Supreme Court has ruled that two law firms who represented a party in a business dispute cannot be sued by the adversary party for intentional interference with contractual relations. Plaintiff had a dispute with a business partner – the two were general partners of a partnership that ran…
Business Tennessee magazine has released its list of the 150 best lawyers in Tennessee. Here is the list by area of practice. These lists come out from time to time and I am always surprised to see that some lawyers I think are just fantastic are not included. I don’t…
I was in Knoxville yesterday and had the opportunity to talk with my friend Howard Vogel and his son Alex. We were talking blogs (the three of us make a fun group, don’t we?) and Howard or Alex asked what blogs I regularly read. I thought I would share the…
I really enjoy reading Blog 702. The writing is great, the posts informative. I wish they had a permalink function in their blogging program, but this post is too good not to re-print here in toto. 2/7/07 UPDATE: I got a comment from the folks at Blog 702 and they…
Professional and hospital liability insurers have convinced their customers that malpractice premiums will go down if meritorious malpractice claims are capped by the state legislature. But look what happened in Florida. According to Tallahassee.com, "the Legislature three years ago capped pain and suffering awards to $500,000 per physician and $1…