Here is a complaint for filing suit in a car wreck case against a John Doe driver. The complaint references Tenn. Code Ann. sec. 56-7-1201(e), which outlines the requirements for recovering from uninsured motorist coverage. Also look to sec. 56-7-1206, which describes how to serve process on a John Doe…
I can understand that some people don’t like lawsuits. Come to think about it, only a dang fool likes lawsuits. Litigation is stressful and expensive. Anyone who files lawsuits for fun is in need of medication, counseling, electric shock therapy, or an appropriate combination of the above. Then, there are…
Here is a nice article that defends the current tort system. It concisely articulates what many us believe in but have difficulty putting into words. Here is an excerpt: The tort system provides for just compensation from wrongdoers and relieves the rest of society of unfair burdens. Fundamental fairness dictates…
Despite what you read in the paper, lawyers don’t cause medical malpractice. Doctors and hospitals cause malpractice. Stop malpractice and you not only help patients but you get lawyers out of the picture. Here is a profile of a company that is trying to actually do something to stop errors…
Here is yet another article that studies what is actually going in the medical malpractice insurance industry. The NYT article says that “a study to be released today by the Center for Justice and Democracy, a consumer advocacy group in New York, may add fuel to that debate [about the…
The Legislature approved the rule changes proposed by the Tennessee Supreme Court. The changes were effective on July 1, 2005. Here is a copy of the revisions. All were adopted except proposed Rule 1A; it was withdrawn by the Court. The changes to the rules of evidence are found beginning…
This decision may give some of you peace of mind and cause others of you concern. An appellate court in Massachusetts has ruled that sexual partners do not owe a duty of care to avoid negligently injuring one another. Apparently the evidence, taken in the light most favorable to the…
Go to our Medical Malpractice Blog to read about how you can see operations from your desk.
Here is a fascinating article from the Cato Institute on malpractice and malpractice reform. Pass it around to your friends – and your legislators.
A defendant found 100% at fault claimed it should get the benefit of plaintiff’s settlement with a prior defendant. The Tennessee Supreme Court said “No” in an opinion authored by Justice Anderson. This result is correct. While it is true that the plaintiff here recovered 150% of his damages (because…