Here is a tip that will improve the quality of your law practice and your life – look at the law first. Oh, it is different in the run of the mill auto case or other cases that you routinely handle. And it is different if you have recently handled…
The medical liability insurers, hospitals and doctors are coming at Tennessee consumers this year in the Legislature – a full frontal assault in a effort to limit responsibility for negligence. I have argued for years that the “reformers” use faulty numbers – and they do. The reformers have figured out…
Here is the website of the American Society of Anesthesiologists that lists their “Standards, Guidelines and Statements.” There is a gold mine of information here for use in medical negligence cases.
The Tennessee Supreme Court has approved amendments to the rules of appellate procedure, civil procedure, juvenile procedure, and evidence. The rules will not take effect until they are approved by the General Assembly. The proposed effective date is July 1, 2006. The most significant change concerning the duty to supplement…
When should a court rule that a state statute “reforming” tort law (i.e. a law restricting the rights of tort victims) violates our constitution? Here are three interesting articles that discuss the issue, including one from my buddy John Vail in D.C.
This is not a new opinion, but I came across it recently and thought it was worthy of mentioning here. It sets forth the elements that must be proved in a medical monitoring case under West Virginia law. The plaintiff must prove that: “(1) he or she has been significantly…
Defendant Carter pumped gas into his vehicle and left the station without paying. The station owner gave chase, and during the pursuit the station owner’s vehicle rear-ended Carter’s vehicle, injuring the plaintiff’s daughter. The daughter later died from the pain medication she was administered for treatment of her injuries Carter…
Ok, for decades I made fun of the fools who dove into a lake on New Year’s Day. Yesterday I did it. My wife Joy and I joined 20+ other folks at Tims Ford Lake in Winchester, Tennessee for the Third Annual Polar Bear Plunge. I now am the proud…
President Bush admitted today that he authorized the National Security Agency and the Central Intelligence Agency to listen to telephone calls to and from restaurants that serve pizza. “We must keep our nation free from future terrorist attacks,” argued the President, “and we have irrefutable evidence that two of the…
The New England Journal of Medicine is hardly a tool of the plaintiffs’ bar. So when the Journal criticizes the lack of complete disclosures in reports concerning clinical trials people should stand up and take notice. The editor of the Journal says that some companies “are meeting the letter but…