12th Annual
Medical Malpractice Conference for Tennessee Attorneys

Coming to Nashville School of Law on Thursday and Friday, May 23-24, 2019

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 hour of dual CLE.

Attend this two-day satisfaction-guaranteed event and enhance your professional skill set while gaining valuable CLE credit, including 12 hours of general CLE and 3 hours of dual CLE. Get up to date on the hottest issues in Tennessee healthcare liability law!

Attendees of this event will have access to:

• Hot topics. Get the latest on medical records, effective use of technology, and how to have a successful mediation.
• Balance. You’ll gain insights from noted plaintiffs’ and defense attorneys.
• Quality presenters. Your presenters are all authorities in the field of healthcare liability in Tennessee.
• Practical information. You’ll get tips and guidance you can put to use in your practice right away.
• Dynamic interaction. You’ll be encouraged to ask questions regarding specific situations.
• Timely information. You’ll get up to date on the latest developments in healthcare liability.
• Useful materials. You’ll receive both hard copy and digital materials to take back to the office with you for future reference.
• Convenient location. The Nashville School of Law is located just off I-65 and I-440, and provides free parking.
• Internet access. Free wireless will allow 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 Distinguished Faculty

Charles Baum, Middle Tennessee State University

Brandon Bass, Law Offices of John Day

Judge Thomas Brothers, Sixth Circuit Court for the 20^th Judicial District

William Bomar, Glankler Brown

Daniel Clayton, Kinnard, Clayton & Beveridge

Phil Elbert, Neal & Harwell, PLC

C.J. Gideon, Gideon Cooper & Essary PLC

Barry Howard, Howard Tate Sowell Wilson Leathers & Johnson, PLLC

Scott Hurley, The Hurley Law Firm, P.C.

Jordan Scott, Lewis Thomason

Margaret Moore, Wiseman Ashworth Law Group, PLC

Beverly Nelms, Frantz, McConnell & Seymour, LLP

Marty Phillips, Rainey, Kizer,Reviere & Bell, PLC

Chris Vrettos, Gideon Cooper & Essary PLC

Agenda

Day 1 — Thursday, May 23, 2019

8:00 A.M. TO 9:30 A.M.
Case Law Update
Brandon Bass
Law Offices of John Day, PC

How do recent decisions affect your approach to pending medical malpractice cases? Mr. Bass will review recent appeals court cases in the healthcare liability area that can have a significant impact on your strategy, including Reed v. West Tennessee Healthcare, Inc., Kristin McKenzie v. Women’s Health Services – Chattanooga, P.C., Hatfield v. Allenbrooke Nursing and Rehabilitation Center, LLC, etc. You’ll gain valuable, practice-critical insights into new pre-trial notice and certificate of good faith requirements, admission of expert testimony, comparative fault, informed consent, and res ipsa loquitur.

9:30 A.M. TO 9:45 A.M. 
MORNING BREAK

9:45 A.M. TO 10:45 A.M.
Mediation Ethics
Beverly Nelms
Frantz, McConnell & Seymour, LLP

In this session, various ethical issues which arise for Rule 31 mediators, including conflicts of interest, impartiality, and confidentiality, will be discussed by examining Rule 31, case law, and advisory opinions.

10:45 A.M. TO 11:45 P.M.
Depositions
Marty Phillips
Rainey, Kizer, Reviere & Bell, PLC

Are you familiar with the evidentiary and procedural issues with depositions? What grounds for objections are proper and which are not? How do you handle privilege issues? When is it necessary to move to terminate or limit a deposition because the deposition is being conducted in bad faith? Learn how to handle these issues and more in this engaging session.

11:45 A.M. TO 12:45 P.M.
LUNCH *INCLUDED WITH REGISTRATION

12:45 P.M. TO 1:45 P.M.
Civility and Professionalism in the Courtroom
Judge Thomas Brothers
Davidson County Circuit Court

Join this engaging session to learn: 

• Why Civility Is Good Lawyering
• A Few Common Rules Regarding Civility:
  • Carefully Prepare Your Case
  • Accept The Ruling of the Judge, Subject to Appropriate Review
  • Maintaining Your Emotions
  • Learn The Local Rules

1:45 P.M. TO 2:45 P.M.
Malpractice Mediation
Barry Howard
Howard Tate Sowell Wilson Leathers & Johnson, PLLC

When a malpractice case is headed to mediation, you have to arm yourself with the most effective negotiating tactics. Learn proven methods for achieving the best outcome for your client through mediation.

2:45 P.M. TO 3:00 P.M.
AFTERNOON BREAK

3:00 P.M. TO 4:00 P.M.
Experts
C.J. Gideon
Gideon, Cooper & Essary PLC

This engaging session will cover questions like: 

• Who Is an Expert?
• Avoiding Conflicts of Interest
• TRCP 26.02(4) As Compared to FRCP 26
• The Work Product Doctrine
• Interplay of FRCP 26 And The Work Product Doctrine
• Communication Between Counsel and Experts
• Practice Pointers for State Court Practice
• Influencing Testimony
• Expert Compensation
• Recent Changes to Tennessee Rules of Civil Procedure

 
4:00 P.M. to 5:00 P.M. 
Jury Selection: What in the World Are They Thinking?
Scott Hurley
The Hurley Law Firm 

Have questions on jury selection? This session will cover:

• Things Jurors Are Thinking, Whether You Like It or Not:
  • Distractions
  • Inconveniences
  • Biases
  • Preconceived Opinions
• Voir Dire For Thinking Jurors:
  • The Explanation Process
  • The Involvement Process
  • The Rethink Process
  • The Participation Process

Day 2 — Friday, May 24, 2019

8:00 A.M. TO 9:00 A.M.
Preparing Opening and Closing Statements
Daniel Clayton
Kinnard, Clayton & Beveridge

What tone should you strike in your opening statement? What thematic narrative should you introduce, and how? What mistakes do many attorneys make at closing? Learn how to get your malpractice case off on the right foot, and deliver a powerful summation, with keen insights from an experienced litigator.

9:00 A.M. TO 10:00 A.M.
Informed Consent/Medical Battery
Chris Vrettos
Gideon, Cooper & Essary PLC.

Chris Vrettos will provide an overview and discuss the evolution of informed consent and medical battery claims in Tennessee, and address practice points regarding the prosecution and defense of these claims.

10:00 A.M. TO 10:15 A.M.
MORNING BREAK 

10:15 A.M. TO 11:15 A.M.
Vicarious Liability – Principal and Agent in the Medical Arena
William Bomar
Glankler Brown, PLC

This session will cover an overview of vicarious liability, scope of employment, specific cases, and more!

11:15 A.M. TO 12:15 P.M. 
LUNCH *INCLUDED WITH REGISTRATION

12:15 P.M. TO 1:15 P.M.
HIPAA in 2019
Justin Joy
Jordan Scott
Lewis Thomason

To successfully litigate many medical malpractice claims, it's critical to understand HIPAA the requirements for safeguarding PHI. Justin Joy and Jordan Scott will share the latest on HIPAA requirements and what you need to know about breach reporting.

1:15 P.M. to 2:30 P.M.
Ethical Considerations in Working with Witnesses and Evidence in Healthcare Liability Cases
Phil Elbert
Neal & Harwell, PLC

This session will cover:

• Parties
• Past and Present Employees
• Non-party treating physicians
• Experts
• Documents

2:30 P.M. TO 2:45 P.M.
AFTERNOON BREAK

2:45 P.M. TO 3:45 P.M. 
Ethical Consideration in Trial Work
Margaret Moore
Wiseman Ashworth Law Group

Every Tennessee attorney is obligated to know the rules and to act in accordance with their ethical duties. Nevertheless, the increasing complexity associated with the modern day practice of law, as well as increasing specialization, has led to a world in which compliance with ethical obligations is not always so simple as just sitting down and reading what the rules say. This session is designed to help you learn to manage jurors, evidence, witnesses, and opposing counsel in the most effective and ethical way.

3:45 P.M. TO 5:00 P.M.
Calculating Economic Losses in Personal Injury and Wrongful Death Cases in Tennessee
Charles Baum
Middle Tennessee State University

Join this session to learn practical strategies for handling:  

• Earnings Capacity
• Lost Household Services
• Personal Consumption Expenditures
• Growth Rates
• Life and Worklife Expectancy
• Mitigation
• Discounting
• Interest
• Taxes

Location & Conference Details

WHEN:
Thursday & Friday, May 23-24, 2019
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!

WHERE:
Nashville School of Law
4013 Armory Oaks Dr
Nashville, TN 37204

• Convenient access to 1-65 and 1-440 
• Free Parking
• Free Wireless Internet

PRICING:

• $337 for Full Program
• $257 for Additional Attendees from the same firm
• $147 for Materials
• Early Bird: $50 off until April 8!