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Wednesday, May 30, 2007

Useful Web Links for "Daubert on the Web." This is a great site! for the Tennessee Administrative Office of the Courts for the Metropolitan Davidson County Circuit Court Clerk's Office for the Metropolitan Davidson County Chancery Court Clerk and Master's Office for the U.S. Courts: Federal Judiciary website for the United States Code for the Federal Rules of Civil Procedure for the Federal Rules of Evidence for a site on e-discovery for an online medical dictionary for web-based medical research for more web-based medical research for the Tennessee Secretary of State for the Pacer Service Center for Wheeless’ Textbook for Orthopaedics for the American Medical Association for the Journal of the American Medical Association for the Vanderbilt University Medical Center for the Vanderbilt Medical Center School of Medicine for the Hospital Corporation of America for the Meharry Medical College for the State of Tennessee Department of Health for a great link for looking up information on healthcare providers.

Friday, May 25, 2007

Great Legal Citation Book

Here's a great book that will help you correctly cite the authority you are relying upon, to wit: Prince's Dictionary of Legal Citations, by Mary Miles Prince.

It can be purchased at:

Thursday, May 24, 2007

New Peer-Review Case From Tennessee Supreme Court

The Tennessee Supreme Court issued a good opinion clarifying the discoverability of certain information, even if it is provided to a peer review committee, in Stratienko v. Chattanooga-Hamilton Co. Hosp. et al., No. E2005-01043-SC-S09-CV (Tenn. May 14, 2007).

This matter arose out of a dispute between two doctors, however, the discoverability of this information wouldn't (shouldn't) be any different in a medical malpractice case.
Here's the link:

Monday, May 21, 2007

Jury Instructions: Forseeability in Medical Malpractice Cases

The Court of Appeals recently issued a very good opinion dealing with jury instructions in medical malpractice cases (primarily dealing with the element of foreseeability). That opinion is from Adams v. Hendersonville Hosp. Corp et al., M2006-01068-COA-R3-CV (Tenn. Ct. App. May 18, 2007).

Appellant requested three jury instructions at trial. The trial court declined to give them as requested (one, regarding foreseeability, was a verbatim statement of the law from the Tennessee Supreme Court). The Court of Appeals held that the trial court's refusal to give the jury instruction that was a verbatim statment of the law on foreseeability was reversible error.
Here's the link to the case:

Monday, May 07, 2007

Saturday, May 05, 2007

New Case Involving Comparative Fault and Sec. 20-1-119

The Tennessee Supreme Court issued its opinion in Austin v. State of Tennessee, No. M2005-01300-SC-R11-CV (Tenn. May 1, 2007).

Here's the link:

This case should be read with Brown v. Wal-Mart Discount Cities, 12 S.W.3d 785 (Tenn. 2000).

Both cases involve the allocation of fault and the interplay between that allocation of fault and Tennessee Code Annotated section 20-1-119.

I'm thinking of doing an article on this topic. I'll let you know if I do.