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Friday, December 31, 2010
Wednesday, December 22, 2010
Pay attention to the second one about half-truths of tort law.
Monday, December 20, 2010
In this case, we are asked to decide whether an amendment to Tenn. Code Ann. § 29-26-122, which became effective July 1, 2009, and requires the plaintiff in a medical malpractice action to file a certificate of good faith at the time of filing suit, was properly applied to an action initiated prior to the effective date of the amendment, voluntarily dismissed and refiled after the effective date. We also consider whether the requirement that the plaintiff file a certificate of good faith applies to an action for medical battery. We affirm the judgment in part, reverse in part, and remand the case for further proceedings.
Friday, December 17, 2010
Wednesday, December 15, 2010
Appellant, who was not placed on fall observations until after his fall, suffered a fall while under the care of the Western Mental Health Institute. A CAT scan performed three days after the fall revealed no hemorrhaging, however, a repeat scan performed approximately one month later revealed a subdural hematoma for which Appellant subsequently underwent two surgeries. Appellant, by and through his next friend, filed suit against the State in the Claims Commission alleging medical negligence. Following a trial, the Claims Commission found that a Western nurse breached the standard of care in completing the initial fall risk assessment, but that Appellant had failed to prove that such breach was a proximate cause of his fall. Additionally, the Commission found that Appellant had failed to prove that Western’s failure to later place Appellant on fall observations was a proximate cause of his fall. Finally, the Commission found that Appellant had failed to prove by a preponderance of the evidence that Western’s failure to order repeat brain imaging prior to January 26, 2006, was a breach of the standard of care. We affirm the judgment of the Commission.
Tuesday, December 14, 2010
First, the Tennessee Supreme Court recently granted the application for permission to appeal filed in Howell v. Claiborne and Hughes Health Ctr., No. M2009-01683-COA-R3-CV (Tenn. Ct. App. June 24, 2010), appeal granted, (Dec. 10, 2010). Here's a link to the Court's list of discretionary appeals showing the grant of the appeal:
Howell was the subject of my June 25, 2010 post, to wit:
Second, the Tennessee Supreme Court recently denied the application for permission to appeal filed in Jacobs v. Nashville Ear, Nose & Throat Clinic, No. M2009-01594-COA-R3-CV (July 15, 2010), appeal denied, (Dec. 7, 2010). Here's a link to the Court's list of discretionary appeals showing the denial of the appeal:
Jacobs is the subject of my July 16, 2010 post, to wit:
Saturday, December 11, 2010
The changes became effective on December 1, 2010.
Tuesday, December 07, 2010
This post is a follow-up from my Oct. 20, 2010 post. That post dealt with the recent Tennessee Supreme Court decision in Barkes v. River Park Hosp., Inc. The defendant filed a petition to rehear with the Tennessee Supreme Court, which was denied. Here's a link to the denial, to wit:
Saturday, December 04, 2010
Also, here's a copy of the final version of the new rules from the Tennessee Bar Association, to wit: