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Sunday, January 31, 2010
Saturday, January 30, 2010
John Day brought this blog to my attention a while back. I want to thank John for that. By the way, John's blog it is at: http://www.dayontorts.com/.
Check out both blogs. They are informative and have useful content.
Friday, January 29, 2010
Here's a link to the opinion:
Practice point: if you are the prevailing party in general sessions court, and your adversary appeals, it would be wise for you to file an appeal too. That way, your claim cannot be dismissed by your adversary's dismissal of its appeal.
Saturday, January 23, 2010
Thursday, January 21, 2010
Here's a link to the case:
Monday, January 18, 2010
Here's a link to a publication that lists certain serious reportable events in healthcare, i.e., never events, to wit: Serious Reportable Events in Healthcare – 2006 Update. Notice that the number 1 never event is surgery on the wrong body part.
Wednesday, January 13, 2010
[T]he doctrine of joint and several liability no longer applies to circumstances in which separate, independent negligent acts of more than one tortfeasor combine to cause a single, indivisible injury. We hold that an actor whose tortious conduct causes physical harm to another is liable for any enhanced harm the other suffers due to the efforts of third persons to render aid reasonably required by the other’s injury, as long as the enhanced harm arises from a risk that inheres in the effort to render aid. In light of our consistent holding that the doctrine of joint and several liability no longer applies to circumstances in which separate, independent negligent acts of more than one tortfeasor combine to cause a single, indivisible injury, it is improper to maintain joint and several liability in cases involving subsequent medical negligence where there is even less cause....
Id., slip op. at 17.
Judge Swiney concurred in the result but disagreed with the majority as to whether a duty was in fact owed to the plaintiff. Here's a link to that opinion:
Monday, January 04, 2010
Friday, January 01, 2010
Medical Malpractice: A Surgeon's Nondelegable Duty to Remove a Sponge from a Patient's Body Following Surgery
1. 61 Am. Jur. 2d Physicians, Surgeons, etc. § 240, at 343 (2002); id. § 242, at 345-46;
2. 70 C.J.S. Physicians and Surgeons § 99, at 587 (2005);
3. 21 R.C.L. § 33, at 388-89 (1918) (Note: "R.C.L." stands for "Ruling Case Law"); and
4. Tutton v. Patterson, 714 S.W.2d 268, 270 (Tenn. 1986) (citations omitted).