Vicarious Liability Issue Decided, Concludes 12 Years of Litigation
The opinion in Beard v. Branson was published over thirteen years after the wrongful death at issue in the case. While this is a long post, it is a fascinating glimpse into the hurdles a layperson can face in navigating the healthcare system. read more
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.
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…
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
Court of Appeals Addresses Nonsuits in Healthcare Liability Actions (Again—-and Again!)
This fall, two opinions, issued two days apart and from different sections of the Tennessee Court of Appeals, have explored the same essential question: should a plaintiff in a health care liability action be permitted to voluntarily dismiss his lawsuit without prejudice in the face of a motion to dismiss arising from an inadequate certificate of good faith? read more
Tort Law Blog: Is the Common Knowledge Exception Obsolete?
Last month we wrote about the common knowledge exception, and it crops up again this month. Lawyers, be warned: Even if the common knowledge exception applies in a health care liability case so that expert testimony is not required, the failure to file a certificate of good faith may still be fatal… read more
“Common Knowledge” Exception Insufficent to Save MedMal Case
In Unitta Sue Newman v. Guardian Healthcare Providers, Inc., the Tennessee Court of Appeals addressed the “common knowledge” exception – an exception to the requirement of expert testimony in certain medical malpractice actions. Spoiler alert: the exception almost never applies… read more
Extraordinary Cause Found; MedMal Suit May Proceed
The recent Court of Appeals case of Betty Kirby v. Sumner Regional Medical Center offers an example of the rare instance in which “extraordinary cause” will be found to excuse non-compliance with the pre-suit notice requirement in a medical malpractice suit. read more