42 TAM 17, April 24, 2017

Report depicts healthcare liability stats for 2015

The 2016 Tennessee Health Care Liability Claims Report, released by the Department of Commerce and Insurance (Department), shows that the total number of healthcare liability claims reported as closed in 2015 was 1,430 (down from 1,645 in 2014), with $75,280,505 in total damages paid (up from $43,940,760 in 2014). These totals represent claims resolved through the entry of a final court judgment, settlement with the claimant, alternative dispute resolution (ADR) by mediation, ADR by arbitration, private trial and other common dispute resolution methods, dismissed without action, or otherwise resolved by the reporting entity.

Highlights

Supreme Court

•Supreme Court, in case of first impression, holds joint tenancy with express right of survivorship may be severed by unilateral action of one of joint tenants. For the full text, click here.

Court of Appeals

•Court of Appeals affirms summary judgment in favor of county in wrongful death action on behalf of decedent who committed suicide several hours after being released from jail. For the full text, click here.

•Court of Appeals affirms trial court’s award to wife of $5,000 per month as alimony in futuro as well as alimony in solido of $4,500 per month for 10 years when parties had been married 26 years, husband was medical doctor, and wife had not worked outside home since birth of parties’ eldest daughter in 1992. For the full text, click here.

•Court of Appeals says employer allowances or reimbursements for business expenses, i.e., “fringe benefits,” may be considered “income” for child support purposes if recipient receives some personal benefit from payments. For the full text, click here.

Court of Criminal Appeals

•Court of Criminal Appeals says no legal authority supports trial court’s assertion that defendant waived his right to remain silent by calling 911, confessing to murder, and surrendering to police. For the full text, click here.