More Guidance from COA on the Scope of Healthcare Liability Claims

Whenever any kind of injury claim arises in a medical setting, or involves a health care provider, expect a motion to dismiss claiming that the case is one governed by the Tennessee Health Care Liability Act. While the parameters of what falls under the restrictive healthcare liability law (or what we still sometimes refer to as medical malpractice cases) seem to have expanded in recent years, a recent Tennessee Court of Appeals opinion provides some guidance on where the line is drawn… read more

Extraordinary Cause Excuses Non-Compliance

Courts are not quick to find that extraordinary cause should excuse compliance with the pre-suit notice requirements in a medical malpractice lawsuit, so lawyers take notice when the appellate courts give  guidance on when exceptions will apply.

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More Traps for the Unwary in MedMal Cases

Timing is everything when it comes to adding alleged comparative tortfeasors.  Unfortunately, this lesson is too often learned the hard way.  Where medical malpractice is concerned,  the lack of coordination between the drafters of the Health Care Liability Act with the statute allowing a comparative tortfeasor to be added within 90 days of their being identified in an answer adds yet another trap for plaintiffs to avoid. The Tennessee Court of Appeals’ opinion in Swearengen v. Delta Medical Center presents a cautionary tale.   read more

Legislative (Non)Update: Legislative Lack of Interest

Pending legislation can often be a harbinger of change, even if it doesn’t pass the first time around.  This legislative session has seen several bills that, while unsuccessful this time, might still be of interest to legislators and lawyers next session…

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Legislative Update

The General Assembly is back in session and that means that more than a few items of interest will be considered in the next few months.  Here are some matters under consideration that will impact the legal system and the ability of Tennesseans to have access to justice. read more


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