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...
“Common Knowledge” Exception Insufficent to Save MedMal Case

“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...
“Common Knowledge” Exception Insufficent to Save MedMal Case

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....
“Common Knowledge” Exception Insufficent to Save MedMal Case

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… There are two new laws that relate to healthcare liability actions.  One such law (HB0713/SB0889, sponsored by Rep. Wilburn,...

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...

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