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Day on Torts

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Michigan Decision: No Duty to Advise of Success Rate

The Michigan Court of Appeals has ruled that “[a]s a matter of law … a physician’s raw success rates do not constitute risk information reasonably related to a patient’s medical procedure.” There apparently was no (or little) evidence of affirmative misrepresentation on the issue. A verdict for the plaintiff was…

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“Gratuitous Undertaking” Lawsuit

Here is an interesting decision by the First Circuit Court of Appeals that discusses the liability of a property appraiser who told the plaintiff that “‘he could not himself perform the appraisal’ but [said] that ‘he would find another appraiser and would supervise and review that appraiser’s work.'” Well, the…

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Tennessee State Senator Files Proposed Resolution

Here is a proposed resolution that has been introduced in the General Assembly by Senator Finney, Republican from Maryville: SENATE JOINT RESOLUTION 523 By Finney A RESOLUTION relative to medical malpractice reform. WHEREAS, a fair and efficient legal system free of frivolous and abusive litigation is necessary for a vibrant…

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