Medical Malpractice – A Virtual Conference for Tennessee Attorneys

November 29, 2022 | 9:45 a.m. - 5:00 p.m. Central | Virtual

Day 1

November 29, 2022
9:45 AM – 10:45 AM
Nuances in Healthcare Liability Actions

There are many health care liability specific statutes and legal standards that aren’t talked about or utilized often, and they should be. This session will dissect and detail some of the most interesting statues and standards within this practice area.

• Comparative fault standards under Rule 8.03
• George v. Alexander
• TCA 29-26-102 and -103; 29-26-119; Lewis v. Brooks; and Alessio v. Crook, and others.

10:50 AM – 11:55 AM
Nursing Home Litigation: Strategies and Case Selection

During this session attendees will learn how to identify if a case is worth investigating and filing by approaching the situation from a defense lawyer’s point of view. Attorney Parke Morris will also discuss and provide analysis on appellate court opinions and identify what is important in each situation.

12:00 PM – 1:00 PM
Opening & Closing Statements

Chris is here to provide expert advice and strategy for powerful opening statements and closing arguments! Learn how to:

• Use effective opening statement strategies in malpractice cases
• Implement powerful closing argument strategies in malpractice cases
• Apply technology in opening and closing statements both live and virtually

1:05 PM – 2:10 PM
Proving Medical Battery and Informed Consent

Medical battery and informed consent cases are on the rise. These claims will be more common where substantial increases in patient volume and pressure on doctors to produce income for hospitals can lead to shortcuts in safety. This presentation is a primer on the claims of medical battery and informed consent, how they evolved, how they are related, and where they differ. The proof requirements will be examined in detail. Actual cases will be analyzed to show the proof necessary for elements of these torts and in-depth analyses of appellate cases. This session will provide answers to critical questions, such as:

• Is an expert required?
• Is a certificate of good faith needed before proceeding with either claim?
• Does the injury have to be caused by malpractice?
• Can medical malpractice, medical battery, and informed consent co-exist in the same case?

2:15 PM – 3:15 PM
Mental Health in the Legal Profession: Where We Are and What We Can Do

This important session will discuss the history of the Tennessee Lawyers Assistance Program, including Rule 33 of the Tennessee Supreme Court establishment of TLAP. You’ll learn about:

• Tennessee Code Annotated Title 23, Chapter 4, concerning confidentiality and immunity
• ABA research and findings concerning the profession
• Clinical perspective
• The benefits of meditation exercise and stress management

3:20 PM – 4:25 PM
Hot Topics in Medical Malpractice Cases

• Latest developments in malpractice cases
• Discovery of peer review information by medical malpractice plaintiffs, and the potential ramifications and more!

4:30 PM – 5:00 PM
Live Q&A

Still have lingering questions from the day's training or want to revisit an important issue that was raised? Use this time to get answers to all your burning questions!

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