10th Annual Medical Malpractice Conference for Tennessee Attorneys
Thursday & Friday, May 4-5, 2017 - Nashville School of Law
Attend this two-day satisfaction-guaranteed event and enhance your professional skill set while gaining valuable CLE credit, 12 hours of general CLE and 3 hours of dual CLE.
This program features Davidson County Circuit Judge Tom Brothers and Hamilton County Circuit Judge Jeff Hollingsworth, along with a faculty of leading defense and plaintiffs’ attorneys, explaining the very latest developments in healthcare liability and sharing trial experiences.
- Pre-suit notice and certificate of good faith requirements
- Review of causation issues
- Medical battery and informed consent
- Choosing and using expert witnesses
- Using medical records when examining witnesses
- Deposition strategies to help you win at trial
- Voir dire and jury selection strategies
- Using technology in the courtroom
- Dos and don’ts from a trial judge
- Review of recent healthcare liability appellate court decisions
- Panel discussions of “hot topics” in healthcare liability actions
- Ethical issues in dealing with medical records
- Ethical issues arising during settlement negotiations
Comments from past conferences:
- “This is an excellent program year-in and year-out.”
- “The speakers offered practical examples and experiences, keeping the audience engaged.”
- “Relevant, timely, well-organized, great presentations.”
- “The materials are always the best – I love that I get a binder to take back to the office with me.”
- “The case law update each year is always a highlight.”
- “One of the best CLE seminars in the state – I always come back every year!”
10 reasons to attend this conference:
- Quality presenters. Your presenters are all authorities in the field of healthcare liability.
- Judicial perspective. You’ll hear from Davidson County Circuit Judge Tom Brothers on the use of technology in a healthcare liability case, while Hamilton County Circuit Judge Jeff Hollingsworth will discuss the “dos and “don’ts” of trying a healthcare liability case.
- Balance. You’ll hear from both plaintiffs’ attorneys as well defense attorneys.
- Practical information. You’ll get information you can put to use in your practice right away.
- Dynamic interaction. You’ll be encouraged to ask questions and present your own situations for discussion.
- Timely information. You’ll get up to date on the latest developments in the healthcare liability area.
- Useful materials. You’ll receive a notebook of materials to take back to the office with you for future reference. And, you’ll be able to download the materials after the conference.
- Convenient location. The Nashville School of Law is located just off I-65 and I-440, near the downtown Nashville area, and provides you with plentiful, free parking.
- Internet access. The Nashville School of Law has free wireless Internet access in its classrooms, allowing you to stay in touch with your office.
- CLE. You can earn all of your annual CLE credit – 12 hours of General and 3 hours of Dual.
Your Conference Leaders
Brandon Bass was named Shareholder in the Law Offices of John Day, P.C. in Brentwood 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.
William L. Bomar is a member of Glankler Brown, PLLC, in Memphis. Mr. Bomar concentrates his practice in the areas of commercial litigation, health care, medical malpractice, construction litigation and insurance litigation. He received his BA in 1983 from Vanderbilt University and his JD in 1986 from the Cecil C. Humphreys School of Law at the University of Memphis. He is a Rule 31 Listed General Civil Mediator. He is listed in Best Lawyers in America® in the areas of Medical Malpractice Law and Personal Injury Litigation. He is listed in Mid-South SuperLawyers® in the areas of Healthcare/Medical Malpractice/Construction Law/Personal Injury Law. Mr. Bomar was named one of the Top Rated Lawyers in Healthcare Law in 2013 by American Corporate Counsel magazine.
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.
Charles S. Higgins, with Burch, Porter & Johnson, PLLC, in Memphis, focuses his practice on civil litigation, personal injury litigation, and land use and zoning matters. He has successfully tried cases in both federal and state courts and represented clients before local government boards. Before joining Burch, Porter & Johnson, Mr. Higgins served as a judicial law clerk to Chief Judge Jon P. McCalla of the United States District Court for the Western District of Tennessee. Prior to attending law school, Mr. Higgins was a teacher and high school basketball coach in Marianna, Arkansas, through Teach for America. He was named to the “Super Lawyers” Mid-South Rising Stars list in the Personal Injury General: Plaintiff area in 2016. He received his BA in 2005 from Loyola University, summa cum laude, and his JD in 2011 from the University of Minnesota Law School, magna cum laude.
Judge Jeff Hollingsworth is a circuit court judge in Hamilton County. He practiced law for over 28 years before being elected to the bench in August 2006. He is certified as a Civil Trial Specialist by the National Board of Trial Advocacy and the Tennessee Supreme Court Commission on Specialization. He is a former prosecutor with the Hamilton County District Attorney’s office and a former shareholder of Chambliss, Bahner & Stophel PC. He has also been elected as a Fellow of the Chattanooga and Tennessee Bar Foundations.
Clinton L. Kelly is a member of The Kelly Firm in Hendersonville. Mr. Kelly is certified as a specialist in Medical Negligence by the American Board of Professional Liability Attorneys. He focuses his practice in the areas of medical malpractice in both Tennessee and Kentucky, medical products liability, and pharmaceutical liability/multi-district litigation. Mr. Kelly received his BA in 1990 from Rhodes College and his JD in 1993 from Memphis University. While attending Memphis University, he served on the Memphis University Law Review and Moot Court Board. He was admitted to the Tennessee bar in October of 1993. Mr. Kelly is a Diplomate with the American Board of Professional Liability Attorneys and is a member of the Tennessee Bar Association, the Sumner County Bar Association, the American Association of Justice/Professional Negligence Section, the Southern Trial Lawyers Association, and the Board of Governors for the Tennessee Association of Justice.
Randall L. Kinnard, with Kinnard, Clayton & Beveridge in Nashville, received the “Outstanding Trial Lawyer of the Year” award for 2016 from the Tennessee Trial Lawyers Association. He has been recognized by countless organizations and publications for his exceptional skill both in and out of the courtroom. Mr. Kinnard is a leading personal injury/medical malpractice lawyer in Tennessee. Prior to pursuing law school, Mr. Kinnard graduated from West Point and then served in Vietnam with the 173rd Airborne Brigade, which equipped him for success in his legal practice. He was awarded the Vietnamese Cross of Gallantry, Purple Heart, Bronze Star for Valor, and Air Medal for his two tours in Vietnam. Mr. Kinnard emphasizes two things in his practice: competence and respect. He has started many initiatives that shed light on the importance of respect in life and legal practice. Mr. Kinnard respects his clients and is a friend to them through the entire legal process. Mr. Kinnard is certified as a Civil Trial Specialist by the National Board of Legal Specialty Certification and Board-Certified as Medical Malpractice Specialist by the American Board of Professional Liability Attorneys. He has recovered many record-setting verdicts for injury victims, including a $22 million medical malpractice jury verdict that was the largest in the state for a single person. He was also able to secure a $55 million verdict for sportscaster Erin Andrews in her lawsuit against a hotel and a stalker. He is a member of the International Academy of Trial Lawyers and Inner Circle of Advocates.
Wendy Longmire, a partner with Ortale Kelley in Nashville, is an experienced and tenacious litigator. Ms. Longmire has been a member of Ortale Kelley since 1987, and she has honed her skills representing major companies and individuals who find themselves in conflict. Her career began with a judicial clerkship with Judge Walter C. Kurtz of the Fifth Circuit Court of Davidson County. Ms. Longmire became a partner at the firm in 1993, and she has tried hundreds of matters in jury and non-jury settings. She handles complex civil litigation involving death and personal injury alleged to have resulted from professional negligence and simple negligence, healthcare liability, products liability, negligent design and employment disputes. In addition to her active litigation practice, Ms. Longmire is a Rule 31 listed General Civil Mediator. She is Board-Certified in Civil Trial Advocacy. Mid-South Super Lawyers® named her a top-rated attorney for her expertise in the practice areas of Medical Malpractice, Products Liability, and Civil Litigation Defense for over five years. Ms. Longmire presents seminars involving complex tort liability. She is a Past-President for Tennessee Lawyers Association for Women and serves as Vice-Chancellor of the Episcopal Diocese of Tennessee. She volunteers her time to: Nashville Pro Bono Program; The Davidson County Mock Trial Competition; and The Nashville Symphony. She also serves on the Nashville Bar Association Continuing Legal Education Committee. She serves on the Nashville Bar Association Board of Directors and was named Best of the Bar, 2016 for her skills in litigation.
James E. Looper, Jr., with Hall Booth Smith, P.C., in Nashville, has a background in medicine and focuses his practice on the defense of healthcare professionals and entities in professional liability suits. Mr. Looper handles cases ranging from dental malpractice to birth trauma. In addition, he leads a team of experienced litigators who handle prison health issues, including malpractice and 1983 compliance. Prior to attending law school, Mr. Looper attended graduate school in pharmacology and medical school. Upon graduating from law school, Mr. Looper began a general litigation practice in Dalton, Georgia. In 1999, he relocated to Atlanta, Georgia, where he joined the law firm of Hall Booth Smith, P.C. and began to focus his practice on medical issues. In 2006, Mr. Looper relocated to Hall Booth Smith’s Nashville office where he serves as the office’s co-managing partner. He is currently licensed in Georgia, Tennessee, and Kentucky. His practice is centered on medical-related issues, complex litigation, alternative dispute resolution, and health care. In addition to being an experienced litigator, Mr. Looper is a Rule 31 certified mediator in Tennessee. He routinely speaks at a number of continuing education programs and is involved in several professional organizations. In addition, he has served on the board of the Wang foundation for Sight Relief and the board of the Hospital Hospitality House, including two terms as Chairman of the Board. Mr. Looper currently serves as the assistant chair of the firm’s medical malpractice practice group. He has received numerous awards including being listed as one of the leaders in Tennessee health care. Every year since 2012, Nashville Medical News InCharge Healthcare has named Mr. Looper to the list of key decision-makers in Nashville’s healthcare industry.
Marty Phillips is a member of Rainey, Kizer, Reviere & Bell PLC in Jackson, and has been associated with the firm since receiving his law degree in 1991 from the University of Tennessee College of Law. Mr. Phillips 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: Hall v. Crenshaw, No. W2013-00662-COA-R9-CV, 2014 WL 3555987 (Tenn. Ct. App. 2014); Smith v. UHS of Lakeside, Inc., 439 S.W.3d 303 (Tenn. 2014); Speck v. Woman’s Clinic, P.A., W2012-0211-COA-R3-CV, 2013 WL 5296886 (Tenn. Ct. App. 2013); Webb v. Roberson, W2012-01230-COA-R9CV, 2013 WL 1645713 (Tenn. Ct. App. 2013); Myers v. AMISUB (SFH), Inc. 382 S.W.3d 300 (Tenn. 2012); Hall v. Haynes, 319 S.W.3d 564 (Tenn. 2010); Elliott v. Cobb, 320 S.W.3d 246 (Tenn. 2010); Dotson v. Phillips, 385 F. App’x 468 (6th Cir. 2010); Dotson v. Correctional Medical Services, 584 F. Supp. 2d 1063 (W.D. Tenn. 2008); Abels ex rel. Hunt v. Genie Industries, Inc., 202 S.W.3d 99 (Tenn. 2006); Calaway ex rel. Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2005); Vestal v. Lawler, 66 S.W.3d 866 (Tenn. Ct. App. 2001); and Roberts v. Bicknell, 73 S.W.3d 106, (Tenn. Ct. App. 2001).
Chris Tardio, with Gideon, Cooper & Essary in Nashville, has been representing healthcare providers and entities since 2004 in a wide variety of matters. He has represented the largest healthcare companies in the world, medical groups and clinics across the state, and individual physicians from Bristol to Memphis, in virtually all types of matters in federal court, state court, and administrative tribunals. Mr. Tardio has extensive experience defending hospitals, physicians, and other healthcare providers in virtually all kinds of professional negligence cases, from pre-suit investigation through trial and appeal. He has represented healthcare companies and providers in disputes with federal agencies, state boards, and insurance companies. He has successfully represented parties on both sides of peer review matters – the physician side and the hospital side. He has special interest and experience representing healthcare providers in the most complex of cases, including multi-district litigation and complex birth injury litigation. He has defended birth injury cases in a dozen counties and three different states. He has actively participated in almost a dozen healthcare-related jury trials and administrative trials, including over a half-dozen complex multi-week trials. He has successfully argued appellate matters to Tennessee’s state courts of appeals and to the federal Sixth Circuit. He was named a “Rising Star” by Mid-South Super Lawyers® in 2015 and 2016 and was listed in Best Lawyers in America® (Health Care) in 2015 and 2016. He was also listed in Best Lawyers in America® (Medical Malpractice – Defendants) in 2016.
Joshua R. Walker is an Associate General Counsel with The University of Tennessee. He represents the State of Tennessee in litigation involving the University, including medical malpractice, personal injury, other tort claims, and workers’ compensation, at trial and on appeal. He represents the University in Uniform Administrative Procedures Act hearings involving student discipline and also provides advice and counsel for various University committees and individuals. Mr. Walker earned his BM degree, summa cum laude, from The University of Tennessee and his JD degree, summa cum laude, from The University of Tennessee College of Law. He is a member of the Knoxville Bar Association (Judicial Committee) and the National Association of College and University Attorneys.
Agenda - Day 1
Thursday, May 4, 2017
8:00 A.M. TO 9:00 A.M.
Healthcare Liability: Case Update
Brandon Bass, Law Offices of John Day, PC
Mr. Bass will review recent appellate cases in the healthcare liability area including admission of expert testimony, comparative fault, and res ipsa loquitur.
9:00 A.M. TO 10:00 A.M.
Voir Dire and Jury Selection Strategies
Brandon Bass, Law Offices of John Day, PC
James E. Looper, Jr., Hall Booth Smith, P.C.
Mr. Bass and Mr. Looper will discuss jury selection strategies and offer tips on issues such as:
- Preparing for jury selection – researching your “target audience” (venue, juror pool demographics, creating your “ideal juror,” and drafting surveys/questionnaires)
- Preparing the pretrial order
- Introducing your case during jury selection
- Bringing to the surface and overcoming juror and judicial biases
- Reading the vital non-verbal signals jurors are sending
- Peremptory and for-cause challenge tactics
MORNING BREAK 10:00 A.M. TO 10:15 A.M.
10:15 A.M. TO 11:15 A.M.
Notice and Other Pre-Suit Monsters
Randy Kinnard, Kinnard Clayton & Beveridge
Mr. Kinnard will discuss the dangers associated with pre-suit notice requirements, some traps lawyers have fallen in, the certificate of good faith requirement, securing experts and other challenges before filing suit.
11:15 A.M. TO 12:15 P.M.
Dos and Don’ts When Trying a Healthcare Liability Case: A Judicial Perspective
Judge Jeff Hollingsworth, Hamilton County Circuit Court
Judge Hollingsworth will discuss some common mistakes lawyers make when trying a healthcare liability case. What can you do to prevent these mistakes and give your client the best representation possible? Get insight from Judge Hollingsworth on how he expects attorneys to conduct themselves when trying cases in his courtroom. Hear examples of the types of trial presentations that have impressed this judge or the types of antics and tactics he feels attorneys should avoid.
12:15 P.M. TO 1:15 P.M. (LUNCH IS INCLUDED WITH REGISTRATION)
1:15 P.M. TO 2:15 P.M.
Panel Discussion of “Hot Topics” in the Healthcare Liability Area
Judge Hollingsworth and leading plaintiffs’ and defense attorneys discuss some of the “hottest” issues in the healthcare liability arena. Listeners are invited to ask questions, share their own experiences, and join in the discussion.
AFTERNOON BREAK 2:15 P.M. TO 2:30 P.M.
2:30 P.M. TO 4:00 P.M.
Ethical Issues When Dealing with Medical Records/HIPAA
Marty Phillips, Rainey, Kizer, Reviere & Bell, PLC
Mr. Phillips will discuss the 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
4:00 P.M. TO 5:00 P.M.
Wendy Longmire, Ortale Kelley
The depositions of parties and key witnesses are of paramount importance in healthcare liability cases. A case can be won or lost in a deposition. Gathering important details and facts in depositions will lay the foundation for the outcome of the case. Let Ms. Longmire walk you through the key questions you should be asking and how to properly evaluate the information shared in a deposition.
- Preparing your client and witnesses for depositions
- Deposition procedure
- Key questions you need to be asking
- Doctor and medical expert depositions
- Techniques for deposing the plaintiff, the defendant, and experts
- Defending or attacking the deposition
- Using the deposition at trial
Agenda - Day 2
Friday, May 5, 2017
8:00 A.M. TO 9:00 A.M.
Use of Medical Records in Examination of Witnesses
Chris Tardio, Gideon, Cooper & Essary PLC
Mr. Tardio discusses how to properly use medical records to your advantage.
- Finding golden nuggets in medical records and summaries
- Getting the records into evidence: What’s admissible? What’s not?
- Powerful presentation of records at trial
- Hearsay hurdles
- Compelling arguments using medical records
- Challenging the medical evidence of the opposing side
- Defending your medical evidence
9:00 A.M. TO 10:00 A.M.
William L. Bomar, Glankler Brown, PLLC
Mr. Bomar will review legal causation issues that arise in healthcare liability cases.
- Proving causation
- Special causation defenses
- “Comparative causation”
- How to attack the other side’s causation proof
MORNING BREAK 10:00 A.M. TO 10:15 A.M.
10:15 A.M. TO 11:45 A.M.
Ethical Issues in Settlement Negotiations
Joshua R. Walker, Associate General Counsel, University of Tennessee, Knoxville
- Candor in contentions of fact and law
- Creating/avoiding/addressing conflicts of interest
- Addressing coverage issues
- Issues in wrongful death claims
- Rights and claims of non-parties
11:45 A.M. TO 12:45 P.M. (LUNCH IS INCLUDED WITH REGISTRATION)
12:45 P.M. TO 1:45 P.M.
Hot Topics in Healthcare Liability Cases
Charles Higgins, Burch, Porter & Johnson, PLLC
Mr. Higgins will discuss some “hot topics” in the healthcare liability arena, including:
- Choosing and using expert witnesses
- Admissibility of expert testimony
- Qualified protective orders
- Tort reform affecting the Healthcare Liability Act
1:45 P.M. TO 2:45 P.M.
Using Technology to Excel as an Advocate
Judge Tom Brothers, Davidson County Circuit Court
- What types of technology are available
- Why use demonstrative evidence
- How to use illustrative aids during trial
- How to appeal to emotion
- When and how may jurors review computer generated materials
- Video court recording
- What the future holds
- The latest on e-discovery
AFTERNOON BREAK 2:45 P.M. TO 3:00 P.M.
3:00 P.M. TO 4:00 P.M.
Panel Discussion of “Hot Topics” in the Healthcare Liability Area
Judge Brothers and leading plaintiffs’ and defense attorneys discuss some of the “hottest” issues in the healthcare liability arena. Listeners are invited to ask questions, share their own experiences, and join in the discussion.
4:00 P.M. TO 5:00 P.M.
Medical Battery and Informed Consent Claims in Tennessee: Essential Attorney Practice Tips
Clint Kelly, The Kelly Firm
Medical battery and informed consent cases are on the rise. Mr. Kelly will offer you tips on trying medical battery and informed consent cases. He will discuss some recent appellate court cases dealing with these types of claims and will explain the differences in the two. Is an expert required? Do you have to file a certificate of good faith before proceeding with either claim? Does the injury have to be caused by malpractice?
Nashville School of Law
4013 Armory Oaks Dr.
Nashville, TN 37204
* FREE PARKING
* FREE WIRELESS INTERNET ACCESS
- $497 full program - $50 off with Early Bird Pricing until March 24
- $347 (One day only – choose either Thursday or Friday)
- $247 for materials
15 hours of CLE (12 hours of GENERAL and 3 hours of DUAL)
Registration begins at 7:30 a.m. The conference begins at 8:00 a.m. and concludes at 5:00 p.m.
Lunch will be provided with registration!