38 TAM 21, May 27, 2013
Courts clarify pre-suit notice issues in med mal cases
In 2008, the Tennessee legislature amended the Tennessee Medical Malpractice Act to require plaintiffs to give pre-suit notice of potential claims for medical malpractice to defendant health care providers. In 2009, the legislature amended the new requirement. Several cases involving the amendments have made their way up to the appellate level, and the Tennessee Supreme Court and the Tennessee Court of Appeals have resolved many of the uncertainties that lawyers and trial courts struggled with after the amendments took effect. For the full text, click here.
Highlights
Supreme Court
• Supreme Court affirms trial court’s denial of defendant’s request for new trial in first degree murder case based on juror misconduct when state was able to present sufficient evidence rebutting presumption of prejudice. For the full text, click here.
Court of Appeals
•Court of Appeals rules trial court lacked jurisdiction to consider post-trial dispute between party to personal injury case and party’s former counsel. For the full text, click here.
• Court of Appeals affirms trial court’s decision to designate mother primary residential parent of parties’ daughter and father as primary residential parent of parties’ two sons when, while separating siblings is drastic remedy, there has been weakening of bond between mother and two sons. For the full text, click here.
Court of Criminal Appeals
• Court of Criminal Appeals holds trial court did not err in denying defendant’s motion for mistrial following bomb threat at beginning of trial when bomb threat, in and of itself, did not so taint jury as to create manifest necessity for declaration of mistrial. For the full text, click here.
• Court of Criminal Appeals holds that defendant invoked his right to remain silent prior to questioning when defendant, upon being asked by police officer if he wanted to waive his right to remain silent, answered “na-ah” and shook his head slightly to side. For the full text, click here.