615-254-2291

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.  Background On September...

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...

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. Background On June 24,...

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...

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...

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