2015 Medical Malpractice Conference for Tennessee Attorneys: Materials Only
Held in Nashville on Friday, May 8, 2015
The 2015 Medical Malpractice Conference for Tennessee Attorneys featured Davidson County Circuit Judge Tom Brothers, along with a faculty of leading defense and plaintiffs’ attorneys, explaining the very latest developments in medical malpractice and sharing trial experiences.
- Recent developments in pre-suit notice and certificate of good faith requirements
- Practical considerations for handling a health care liability claim on behalf of an injured patient
- Techniques for deposing an expert and other witnesses
- Physician credentialing and other hospital liability issues
- Trial tips and tactics from a defense perspective
- Deposition strategies
- The use of technology in a health care liability case
- Review of recent health care liability appellate court cases
- A panel discussion of “hot topics” in health care liability actions
- Ethical issues in handling medical records, including HIPAA compliance
- Brandon Bass, Law Offices of John Day PC, Brentwood
- Judge Tom Brothers, Davidson County Circuit Court
- Daniel Clayton, Kinnard, Clayton & Beveridge, Nashville
- C. J. Gideon, Jr., Gideon, Cooper & Essary PLC, Nashville
- Ben Harrison, Jr., Cornelius & Collins, LLP, Nashville
- Marty Phillips, Rainey, Kizer, Reviere & Bell, PLC, Jackson
- Tom Pinckney, Of Counsel, Howell & Fisher, PLLC, Nashville
Attend this one-day satisfaction-guaranteed event and enhance your professional skill set while gaining valuable CLE credit, 6.5 hours of general CLE and 1 hour of dual CLE.
Get up to date on the hottest issues in Tennessee health care liability law:
- Pre-suit notice requirement
- Certificate of good faith requirement
- Practical considerations for the plaintiff's attorney
- Deposition strategies and techniques
- Proving vicarious liability
- Trial tactics and tips for the defense attorney
- Using today’s technology effectively
- Confidentiality of medical records and HIPAA issues
Plaintiffs' attorneys will learn:
- What constitutes substantial compliance with the pre-suit notice requirement
- When does the 120-day extension to the statute of limitation apply
- Practical tips when representing an injured patient
- Using technology to effectively present your case
- How to comply with HIPAA requirements
Defense attorneys will learn:
- Challenging the plaintiff’s compliance with the pre-suit notice and certificate of good faith requirements
- Techniques for attacking an expert's deposition
- Tips for defending a case from beginning to end
- Using technology to show weaknesses in the plaintiff’s case
- How to address physician credentialing issues
Get your materials today!
Your Conference Leaders
Brandon Bass was named Shareholder in the Law Offices of John Day, P.C. in 2010. He focuses on helping people who have been badly injured or lost a loved one. He has assisted victims of medical malpractice in recovering for their losses from doctors and other healthcare providers. His core practice areas include products liability, medical malpractice, and trucking lawsuits. He has experience in products liability lawsuits, including industrial machinery, pharmaceuticals, automotive and tractor-trailer defects, and defects in construction materials. Mr. Bass serves on the Board of Governors for the Tennessee Association for Justice, and is the organization’s Amicus Curiae Committee Chair. He is also a member of the American Association for Justice, serving on the Board of Governors of its New Lawyers Division, as well as the Tennessee and Nashville Bar Associations. He has been a member of the John Marshall American Inn of Court in Williamson County. He is a graduate of Purdue University and the University of Tennessee College of Law. He frequently writes on personal injury and wrongful death legal issues. In addition, Mr. Bass is Associate Editor of the Tennessee Trial Law Report – Tort Edition. The Trial Law Report is a monthly newsletter on tort law, evidence, civil procedure and trial in Tennessee. He was formerly Associate Editor of the Tennessee Tort Law Letter.
Judge Thomas W. Brothers was appointed to a term on the Davidson County Circuit Court in February 1989 by Governor Ned McWherter, was elected in 1990, and re-elected in 1998, 2006, and 2014. He practiced law in Nashville as a solo practitioner (1978-89) in the law offices of Jack Norman. Judge Brothers is a member of the Tennessee, Nashville and American Bar Associations and L.A.W. He is a member of the ABA Judicial Division’s Technology Committee. As a member of the Tennessee Judicial Conference he serves as Chair of the Technology for the Courts Committee and is a member of the Pattern Civil Jury Instructions Committee and the Delay Reduction Committee. He is a past Secretary for the Conference. He has served as chair of the Minorities Opportunities Committee and is currently a member of the Board of Directors of the Nashville Bar Association. He is an emeritus Master of the Bench of the Harry Phillips American Inn of Court. Judge Brothers was Presiding Judge for the 20th Judicial District for two terms, from 1991 to 1993. He is the Vice-Chair for the Justice Information System (JIS) of Nashville-Metropolitan government as well as being the Circuit Court Representative on the Policy and Operations Committees of JIS.
Daniel Clayton, with Kinnard, Clayton & Beveridge in Nashville, was named 2015 “Lawyer of the Year” in Medical Malpractice Law by Best Lawyers in America. In addition, Mr. Clayton was named to the 2015 edition of Best Lawyers in America in the practice areas of Medical Malpractice Law, Personal Injury Litigation and Product Liability Litigation. He has also been selected to Mid-South Super Lawyers Top 50 Lawyers in Nashville and Top 100 lawyers in Tennessee. Mr. Clayton is certified as a Civil Trial Specialist and a Medical Malpractice Specialist by the Tennessee CLE Commission. Only a few attorneys in the state of Tennessee hold both certifications. He is also a member of the National Trial Lawyers Association, which is a national organization composed of The Top 100 Trial Lawyers from each state. Because of his success and insight, he is a much sought after speaker on the subject of trial practice. He has given presentations across the state of Tennessee, Florida and Georgia not only to other attorneys, but also as a featured speaker at multiple seminars for Tennessee judges. He has tried cases in Alabama, Kentucky and across the state of Tennessee. He has represented clients in Tennessee, Alabama, Kentucky, Georgia, Michigan, Illinois and Florida. He is a Past President of the Tennessee Association for Justice. He also serves on the Board of Governors for the Tennessee Association for Justice, the Medical/Legal Committee for the Nashville Bar Association and is a member of the American Association for Justice. He is a member of the Circle of Advocates and the Nashville Bar Foundation. He was selected as a Senior Counsel member of the American College of Barristers. He was also appointed by the Tennessee Supreme Court to serve as a hearing officer for the Tennessee Board of Professional Responsibility.
C. J. Gideon, Jr., with Gideon, Cooper & Essary in Nashville, has been representing health care providers in professional negligence matters, peer review matters, and other litigation for 36 years, since his graduation from the Vanderbilt University School of Law in 1978. He has litigated cases for health care providers in virtually every arena, from administrative tribunals to state and federal courts, and has tried nearly 200 cases to conclusion. Mr. Gideon regularly represents health care companies, hospitals, and physicians in Tennessee and other states in professional liability actions. He also regularly represents hospitals and physicians in peer review matters, in Tennessee, Florida, and in other states. Numerous publications have recognized Mr. Gideon for achievements in his field, including Best Lawyers in America, Mid-South Super Lawyers, the Tennessee Business Journal, and Chambers USA. Mr. Gideon was named 2011 “Lawyer of the Year” in Medical Malpractice Defense by Best Lawyers in America, and he has been listed in that publication for both Medical Malpractice Defense and Personal Injury Litigation since 1991. He has been listed in Mid-South Super Lawyers since 2007.
Ben Harrison joined the Nashville law firm of Cornelius and Collins, LLP, in 1983 and is a partner in the firm. The focus of his practice is civil litigation, with an emphasis in the areas of professional liability, commercial law, entertainment law, and bankruptcy. He represents plaintiffs and defendants, and is admitted to practice in all state courts, as well as the United States District Court for the Middle District of Tennessee and the United States Court of Appeals for the Sixth Circuit. He is also certified by the Tennessee Supreme Court as a Rule 31 Listed General Civil Mediator. With over 30 years of litigation experience, Mr. Harrison is adept at resolving a broad range of civil disputes, and he has handled a considerable amount of professional liability cases. In the health care field, he has litigated numerous medical malpractice claims for health care professionals and hospitals. He also resolves credentialing issues between doctors and hospitals, and commercial disputes arising out of the practice of medicine. He represents the interests of numerous other professionals in liability actions, including attorneys, accountants, engineers, and contractors. He was named 2014 “Lawyer of the Year” in Medical Malpractice Defense by Best Lawyers in America and has been listed in that publication since 2010. In addition to his extensive professional liability experience,
Mr. Harrison maintains an active practice representing individuals in the entertainment industry, including artists, personal managers, and business managers, involved in commercial and intellectual property disputes. Following the passage of the new Bankruptcy Code in 1978, Mr. Harrison developed an in-depth knowledge and familiarity with the Code, and as a result, has represented numerous clients in bankruptcy matters, including debtors, creditors, and trustees. He has also served as a trustee by appointment of the Bankruptcy Court.
Marty Phillips, a member of Rainey, Kizer, Reviere & Bell PLC in Jackson, has significant experience representing clinics, hospitals, physicians, and nurses in medical malpractice actions. He also has significant experience in general civil litigation. Mr. Phillips is a member and the Group Leader of the Firm’s Malpractice Practice Group. He is a frequent lecturer on topics related to medical malpractice and trial practice. He is the author of “The Admissibility of Failing the Board Certification Exam,” published by the Defense Research Institute. In addition, he is a Fellow of the Tennessee Bar Foundation and has been selected by his peers for inclusion in The Best Lawyers in America® in the specialty of Medical Malpractice Law. The following are selected reported cases which Mr. Phillips argued in the courts: Elliott v. Cobb, 320 S.W.3d 246 (Tenn. 2010); Calaway ex rel. Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2005); Abels ex rel. Hunt v. Genie Industries, Inc., 202 S.W.3d 99 (Tenn. 2006); Mabon v. Jackson Madison County General Hospital, 968 S.W.2d 826 (Tenn.Ct.App. 1997); Bowers v. Hammond, 954 S.W.2d 752 (Tenn.Ct.App. 1997); Vestal v. Lawler, 66 S.W.3d 866 (Tenn.Ct.App. 2001); Roberts v. Bicknell, 73 S.W.3d 106, (Tenn.Ct.App. 2001); Daniel v. Hardin County General Hospital, 971 S.W.2d 21 (Tenn.Ct.App. 1997); and Isbell v. Medtronic, Inc., 97 F.Supp.2d 849 (W.D.Tenn. 1998).
Thomas M. Pinckney, Jr., is Of Counsel with Howell & Fisher, PLLC, in Nashville. Mr. Pinckney has concentrated his practice in the areas of medical malpractice, civil, and business litigation since 1985. Before entering private practice, Mr. Pinckney was a law clerk to Judge John T. Nixon, U.S. District Court, Middle District of Tennessee. He has lectured on medical records, deposition strategies, and medical malpractice. Mr. Pinckney is a member of the Tennessee Bar Association. He received his B.A. from The Citadel, his J.D. from Vanderbilt University, and his M.A. and Ph.D. from the University of Tennessee.
8:00 A.M. to 9:00 A.M.
"Health Care Liability: Case Update"
Brandon Bass, Law Offices of John Day, PC
Mr. Bass will review recent appellate court decisions on:
- Pre-suit notice requirement -- substantial compliance, excusing compliance, “transitional plaintiffs,” and 120-day extension of statute of limitation
- Certificate of good faith requirement
- Supervision of physician’s assistant
- What acts fall within the Health Care Liability Act?
- Application of the locality rule
9:00 A.M. TO 10:00 A.M.
Tom Pinckney, Of Counsel, Howell & Fisher, PLLC
As in most types of cases, the depositions of parties and key witnesses are of paramount importance in health care liability cases. A case can be won or lost in a deposition. A witness can bind himself or herself to a fixed position in the case from which there is no escape. Therefore, the diligent attorney must exert sufficient time and effort in preparing for and taking depositions.
- Preparing the witness for a deposition
- Taking the deposition
- Techniques for deposing the plaintiff
- Techniques for deposing the defendant
- Techniques for deposing experts
- Defending or attacking the deposition
- Using the deposition at trial
10:00 A.M. TO 10:15 A.M.: Morning Break
10:15 A.M. TO 11:15 A.M.
"Trial Tips & Tactics from a Defense Perspective"
C. J. Gideon, Jr., Gideon, Cooper & Essary PLC
C. J. Gideon, Jr., has been representing health care providers in professional negligence matters, peer review matters, and other litigation for 36 years. He has litigated cases for health care providers in virtually every arena, from administrative tribunals to state and federal courts, and has tried nearly 200 cases to conclusion. He regularly represents health care companies, hospitals, and physicians in Tennessee and other states in professional liability actions. Mr. Gideon will share with you some tried and true trial tips for defending a medical malpractice case from start to finish.
11:15 A.M. TO 12:15 P.M.
"Ethical Issues in Dealing with Medical Records"
Marty Phillips, Rainey, Kizer, Reviere & Bell, PLC
Mr. Phillips will discuss ethical issues that arise in dealing with HIPAA requirements and issues involving the confidentiality of medical records.
- Confidentiality of the patient's physician and hospital medical records
- Tennessee law
- HIPAA requirements
- Minimum necessary standard (HIPAA compliant authorizations)
- What to release
- Privacy standards -- authorized uses and disclosures of patient health information and patient rights
12:15 P.M. TO 1:15 P.M.: Lunch (Lunch will be provided by LexisNexis.)
1:15 P.M. to 2:15 P.M.
"Use of Technology in a Medical Malpractice Case"
Judge Tom Brothers, Davidson County Circuit Court
Appropriate use of technology to display or play evidentiary exhibits or illustrative aids changes the dynamic in a health care liability case in productive and helpful ways. For judges, technology can increase opportunities to control the proceedings, set time limits, and decide matters expeditiously. For jurors, it can increase the sense of participation and improve the understanding of the facts. For lawyers, the faster pace, coupled with the need to respond to visual cues for objections as well as the traditional oral cues, puts a premium on a concise case theory and thorough preparation; there is less and less time for “making it up” as one goes along. Courtroom technology is also a means to draw attention to particular points, to emphasize certain aspects of the evidence, and to make visible that which otherwise would exist only as a mental picture formed from words spoken by an advocate or a witness. It is these enhancements and their messages that form the basis for objections concerning the limits of technological displays and new considerations with respect to the control that judges exercise in the courtroom and in creating the record. Let Judge Brothers walk you through the use of technology in the courtroom. You’ll learn:
- What type of technology is available
- Why use demonstrative evidence
- How to use illustrative aids during trial
- When and how may jurors review computer generated materials
2:15 P.M. TO 2:45 P.M.
"Panel Discussion of ‘Hot Topics’ in the Health Care Liability Area"
Judge Tom Brothers and leading plaintiffs’ attorneys (Brandon Bass and Daniel Clayton) and defense attorneys (C.J. Gideon and Ben Harrison) discuss some of the “hottest” issues in the health care liability arena. Listeners are invited to ask questions, offer their own experiences, and join in the discussion.
2:45 P.M. TO 3:00 P.M.: Afternoon Break
3:00 P.M. TO 4:00 P.M.
"Health Care Liability – A View from the Plaintiff’s Perspective"
Daniel Clayton, Kinnard, Clayton & Beveridge
Daniel Clayton will offer practical considerations for handling a health care liability claim on behalf of the injured patient/patient’s family. Mr. Clayton has been practicing law for 28 years with Kinnard Clayton & Beveridge – a law firm dedicated to helping those who have been injured through the negligence of others. Mr. Clayton was named Best Lawyers® 2015 “Lawyer of the Year” in Nashville for Plaintiffs’ Medical Malpractice Law.
4:00 P.M. TO 5:00 P.M.
Ben Harrison, Jr., Cornelius & Collins, LLP
- Who is an employee? Who is an independent contractor?
- Physician credentialing issues
- Vicarious liability