Legislative Summary: The Long and the Tort of It
Here are a few items of interest to the tort law practitioner stemming from the Tennessee General Assembly’s last session… read more
Statute Makes It Harder for Those Dealing with Mental Decline to Recover If They Are Injured
Historically, a statute of limitations did not run against an injured party if the person was incompetent. The idea was that it was unfair to penalize someone for not bringing suit if he was incapable of doing so. A new Court of Appeals ruling offers the first analysis by a court of the 2011 amendment to Tenn. Code Ann. § 28-1-106, the statute tolling a statute of limitations on the basis of the claimant’s incompetence, and the news is bad for injured parties. read more
Releases for Medical Records Remain Tricky Area for MedMal Cases
In medical malpractice cases (or, as they are now called, “healthcare liability” actions), a HIPAA-compliant medical authorization is required so that defendants can obtain the complete medical records for the patient who is bringing suit. This helps everyone have complete information as they are preparing for trial. However, this is not as simple a requirement as it might initially seem. read more