I am happy to report that this blog has reached the 750-post milestone. The blog began in February, 2005 and has grown to appoximately 500 unique vistors per business day (only a couple hundred on weekends). The experience has been a very positive one. It takes me back to the…
Day on Torts
New Tennessee Supreme Court Opinion on “Foreign Object” Exception to Medical Malpractice Statute of Repose
The Supreme Court of Tennessee issued an important ruling on the “foreign object” exception to the medical malpractice statute of repose and statute of limitations. The case is Chambers v. Semmer, M.D., and deals with what exactly constitutes a foreign object. The plaintiff’s theory in the case is that a…
Sorry for the Infrequent Updates
I am at my cabin right now struggling with problems with the “internets.”
Medical Negligence
I apologize for the lack of a post Friday and Saturday. Friday morning I was in North Carolina and did not have access to a computer. By the time I made it to the office I had back-to-back conference calls or appointments until 4:15 and just decided to wait until…
Priest Tells All
Some of you know that we represented two boys who were sexually abused by a (former) Roman Catholic priest who served in the Diocese of Nashville. I came to learn most than I wanted to know (and more that the confidentiality order will allow me to share) about the Church’s…
Breaking News: Supreme Court Bars Ex Parte Talks with Plaintiff’s Doctors
The Supreme Court just issued its opinion in Alsip et al v. Johnson City Medical Center et al. More information on the opinion, holding that defense counsel may not participate in ex parte communications with a plaintiff’s non–party treating physicians, is available over at our firm’s medical malpractice blog. I…
E. Coli 0157:H7 Outbreak
The Tennessean has reported that a E. coli 0157:H7 outbreak has sent four toddlers to Vanderbilt University Medical Center. Six other children also became infected with the potentially deadly organism. The children became infected at Paulette’s Group Day Care Home. The paper reports that the day care center has been…
Attacked Expert Fights Back – and Wins
Dr. Gary Lustgarten testified the for the plaintiff as an expert in a medical negligence trial in North Carolina. Lustgarten testified that in his medical opinion that certain notes made by one of the defendant’s, Jauffman, were inaccurate. After the case settled, one of the defendants filed a complaint about…
Trial Is Not a Game
I remember years ago trying a case against a well-known lawyer in Nashville (who is still practicing, by the way.) I moved in limine to prevent certain testimony from being introduced into evidence; my motion was granted. Later that day I saw the witness in the hallway who would have…
Broken Link
Moe Levine wrote and let me know that a link to the article that formed the based of my post about admissibility of electronic records was broken. He is right – and now I cannot find the article. I will keep looking. Sorry about that. However, if you go to…