I wrote recently about the decision in Arkansas Dept. of Health and Human Services v. Alhborn, 126 S.Ct. 1752 (2006), the USSC decision which ruled that state Medicaid agencies’ claims for reimbursement out of tort settlements are limited to that portion of any settlement attributable to past medical expenses. The…
As you undoubted know if you are a regular reader of this blog, we represent plaintiffs in medical malpractice cases. We average almost three calls per business day from prospective medical malpractice plaintiffs; our screening process weeds out 98% of those calls and therefore we file less than 20 of…
As I mentioned in a post last weekend, our firm had three cases going to trial this week. John Branham and Brandon Bass settled their personal injury case Tuesday morning right around the time for closing argument. They obtained a great result in a case in which no money was…
The Joint Commission has released the Fourth Edition of its book “Patient Safety Essentials for Health Care.” The blurb: “This book is the complete guide to the Joint Commission’s safety standards for ambulatory care, behavioral health care, critical access hospital, home care, hospital, and long term care organizations. It includes…
The Rhode Island Supreme Court has ruled that a plaintiff who is injured in a slip and fall accident at a restaurant is entitled to a spoliation instruction if the restaurant, contrary to policy, did not prepare an accident report. The Court re-affirmed existing law in the state which provided…
Here is a link to an article I wrote for the Tennessee Bar Journal about a recent opinion discussing T.C.A. Sec. 20-1-119. Go to the link and locate the article and you will find a link to the article in the “Table of Contents” on the left side of the…
Do you want to see how the tort deform movement has made an impact on the laws of the fifty states (and D.C.)? See this article. The abstract: “This manuscript contains the most detailed, complete and comprehensive legal dataset of tort reforms in the U.S. The dataset records state laws…
The doctors have been claiming that there are shortages in the numbers of physicians and that the shortage is due to laws which hold doctors accountable for negligence that causes harm to patients. (You know, just as if they were truck drivers or other real people.) Well, yesterday’s Los Angeles…
“Are we negotiating or are we telling the truth?” That’s a quote from a defense lawyer friend of mine made while we were trying to resolve a medical malpractice case. I have used it many times over the years. The American Bar Association has issued a Formal Ethics Opinion recognizing…
It is going to be a busy week at Branham & Day. John Branham and Brandon Bass are trying a two-day personal injury case starting Monday morning in Gallatin. I start (what hopefully will be only) a three-day arbitration in a commercial case Tuesday – we have eleven notebooks of…