8:00 a.m. – 9:00 a.m.

Malpractice Do’s and Don’ts: Ethical Considerations
Wendy Longmire
Ortale Kelley

This session will address the absolute do’s and don’ts when it comes to ethical practice. Join Wendy as she kicks off the conference with a review of ethical considerations, case evaluations, best practices, and roadmaps to avoid at all costs. 

9:00 a.m. – 10:00 a.m.

Case Law Update
Brandon Bass
Law Offices of John Day, PC

Join this returning favorite instructor as he discusses the latest key holdings of all the cases from the past year. Discover what can be learned from cases small and large, including how much expert testimony is needed to survive a summary judgement and what medical authorizations might be needed for pre-suit notices. 

10:00 a.m. – 10:15 a.m.

15-Minute Break

10:15 a.m. – 11:15 a.m.

Nuances in Healthcare Liability Actions
Alan Bean
Starnes Davis Florie LLP

There are many health care liability specific statutes and legal standards that aren’t talked about or utilized often, and they should be. This session will dissect and detail some of the most interesting statues and standards within this practice area, including:

• Comparative fault standards under Rule 8.03
• George v. Alexander
• TCA 29-26-102 and -103; 29-26-119; Lewis v. Brooks; and Alessio v. Crook, and others
  
  

11:15 a.m. – 12:15 p.m.

Hot Topics in Medical Malpractice Cases
C. Bennett Harrison
Cornelius & Collins, LLP

Get up to speed on pressing issues from current medical malpractice cases. This session will cover:

• Latest developments in malpractice cases
• Discovery of peer review information by medical malpractice plaintiffs, the potential ramifications, and more!
  
  

12:15 p.m. – 12:45 p.m.

30-Minute Break

12:45 p.m. – 1:45 p.m.

Proving Medical Battery and Informed Consent
Clint Kelly
Kelly Firm

Medical battery and informed consent cases are on the rise. These claims will be more common where substantial increases in patient volume and pressure on doctors to produce income for hospitals can lead to shortcuts in safety. This presentation is a primer on the claims of medical battery and informed consent, how they evolved, how they are related, and where they differ. The proof requirements will be examined in detail. Actual cases will be analyzed to show the proof necessary for elements of these torts and in depth analysis’ of appellate cases. This session will provide answers to critical questions, such as:

• Is an expert required?
• Is a certificate of good faith needed before proceeding with either claim?
• Does the injury have to be caused by malpractice?
• Can medical malpractice, medical battery, and informed consent co-exist in the same case?
  
  

1:45 p.m. – 2:45 p.m.

Recognizing the Early Signs of Anxiety and Depression, and Understanding Mental Health Treatment for Professionals
Holly Wade
Tennessee Lawyers Assistance Program

This important session will discuss the history of the Tennessee Lawyers Assistance Program, including Rule 33 of the Tennessee Supreme Court establishment of TLAP. You’ll learn about:

• Tennessee Code Annotated Title 23, Chapter 4, concerning confidentiality and immunity
• ABA research and findings concerning the profession
• Clinical perspective
• The benefits of meditation exercise and stress management
  
  

2:45 p.m. – 3:00 p.m.

15-Minute Break

3:00 p.m. – 4:00 p.m.

Nursing Home Litigation – Strategies and Case Selection 
Parke Morris
Parke Morris Nursing Home Abuse & Neglect and Catastrophic Personal Injury

This session will explore a variety of issues confronting attorneys who are considering accepting a case involving potential long-term care medical negligence.  Provided from the vantage of a practicing Plaintiff's attorney, Morris will discuss technical medical/clinical issues in detail that should assist plaintiff and defense counsel with evaluating the merits of certain types of potential claims including mystery injuries, pressure injuries, and severe dehydration/malnutrition. 

• Effective case screening methods
• Defenses that are routinely proffered
• Technical issues pertaining to the mandatory Notice of Intent to Sue letter 

4:00 p.m. – 4:30 p.m.

Live Q & A with Day 1 Presenters
Have lingering questions about topics discussed during the day, or want to revisit a fundamental concept or two? Take advantage of this opportunity to get clarification from your speakers before wrapping up the day.

8:00 a.m. – 9:00 a.m.

Recent Developments in Discovery Practice and the Impacts of Pandemic-Accelerated Changes in Technology
Justin Joy
Lewis Thomason, P.C.

Adaptations as a result of the pandemic accelerated a number of recent trends in technology. From all indications, the changes resulting from these trends are here to stay.  Lawyers need to be aware of how these changes in technology may impact discovery practice, such as new considerations about where sources of documents and information may be stored. We'll explore:

• Effects of technology changes on discovery
• Recent amendments to the Tennessee Rules of Civil Procedure
• Privacy obligations when using technology
• Keeping data secure and what law firms should do when there’s a problem
  
  

9:00 a.m. – 10:00 a.m.

Opening & Closing Statements
Chris Tardio
Gideon Essary Tardio & Carter

Chris is back to provide expert advice and strategy for powerful opening statements and closing arguments! Learn how to:

• Use effective opening statement strategies in malpractice cases
• Implement powerful closing argument strategies in malpractice cases
• Apply technology in opening and closing statements both live and virtually

10:00 a.m. – 10:15 a.m.

15-Minute Break

10:15 a.m. – 11:15 a.m.

Appellate Practice
Marty Phillips
Rainey Kizer

Join Marty as he provides the best tactics for appellate practice in 2021! This session will cover:

• How to preserve issues for appeal
• What to record on appeal
• Using/implementing briefs on appeal
• Submitting strong oral arguments
  
  

11:15 a.m. – 12:15 p.m.

Plaintiffs’ Predicaments: Helping Injured Patients Navigate the Treacherous Waters of Medical Malpractice Claims
Gary Massey Jr.
Massey & Associates, PC

This presentation will discuss the difficulties that patients who believe they have been the victims of medical malpractice endure during the claims process, including ethical traps that practitioners easily fall into. We’ll explore:

• Case evaluations, pre-litigation processes and dangers, and the client’s role in the litigation process
• How to maintain good relationships with clients and be an effective guide on their uncertain journey
• Ethical considerations, including prelitigation investigation responsibilities, client communications, and dealing with experts
  
  

12:15 p.m. - 12:45 p.m.

30-Minute Break

12:45 p.m. – 1:45 p.m.

Expert Witnesses in Medical Malpractice: Legal and Practice Issues
David Randolph Smith
David Randolph Smith & Associates

Health Care Liability Act (Medical Malpractice) cases in Tennessee succeed or fail on the strength of expert witness proof. This session will focus on the legal, procedural, and practical issues of importance in using experts in medical malpractice cases. Topics covered will include:

• Selection, retention, and qualification of experts
• Hourly rates; use of medical literature; hybrid/treating physician experts
• Defining and proving the “standard of care”
• Locality rule, Rule 26 disclosures and reports
• Expert rules in state versus federal court; privilege issues; Daubert/McDaniel challenges; and relevant/updates in case law involving experts
  
  

1:45 p.m. – 2:45 p.m.

Telemedicine: Licensure and Liability
Margaret Moore & Michele Marsicano
Wiseman Ashworth Law Group, PLC

This session will cover physician licensure for telehealth,
including identifying the location for licensure, ways to obtain licensure and licensure during the COVID-19 pandemic.
Other topics include:

• Practitioner and hospital liability
• Creation of physician/patient relationship
• Tips for practitioners 

2:45 p.m. – 3:00 p.m.

15-Minute Break

3:00 p.m. – 4:00 p.m.

Ethical Considerations in Medical Malpractice Cases
Joe Byrd
TN Board of Professional Responsibility

This session will review application of the Rules of Professional Conduct (“RPC”) in medical malpractice cases and to the practice of law in general. The nature of medical malpractice litigation creates particular circumstances where rule violations can arise.

There are also violations that are common to most attorneys that are relevant for review for the medical malpractice litigator. Tailored to the context of medical malpractice litigation, the session will cover basic issues of competence and diligence that always merit review even among veteran practitioners, including:  

• Complex issues related to advertisement, fees, allocation of authority, conflicts, and communication with expert witnesses
• Confidentiality, communications, and fairness to opposing parties  
• Short primer from case studies on the rules regarding attorneys and social media
  
  

4:00 p.m. – 4:30 p.m.

Live Q & A with Day 2 Presenters
Have any questions about issues covered during the day, or want to circle back on an important topic? Use this time to pose your questions and get clarification from your speakers before the close of the event.

Brandon Bass practices with the Law Offices of John Day, P.C. with an emphasis on civil litigation including medical malpractice. He is Treasurer for the Tennessee Trial Lawyers Association and winner of its “Outstanding Trial Lawyer of the Year” award for 2017. He has been selected as one of the top 50 lawyers in Nashville and top 100 in Tennessee by Super Lawyers and named in Best Lawyers in America for plaintiffs’ personal injury litigation. Brandon is board certified in civil practice.

Brandon has given more than a hundred CLE speeches throughout the Southeast and has authored articles in national and statewide legal magazines. He is also committed to teaching his three children that hair metal was cool.

Joe Byrd serves as Disciplinary Counsel in the Litigation Division of the Board of Professional Responsibility of the Supreme Court of Tennessee. He is admitted to practice in Michigan, Tennessee, and Florida. Joe has generally maintained a civil law practice, largely focused upon local government law. Prior to coming to the Board, he was the City Attorney for Apopka, Florida. Joe resides in Nashville with his wife. 

Alan Bean, a native of middle Tennessee, has been practicing law in Nashville since 2007, following his graduation from Vanderbilt University Law School. Alan began his career as an associate at Gideon, Cooper and Essary, PLC, and became a Member of that firm in 2015. In September 2019, Alan joined Starnes Davis Florie as a Partner in the firm’s Nashville office. Alan has represented numerous hospitals, medical groups, clinics, physicians, nursing homes, and other health care providers in all phases of health care liability, premises liability, products liability, and personal injury cases in Tennessee, Florida, Texas, New Hampshire, West Virginia, and Alabama. He has experience in state circuit courts, general sessions court, federal district courts, and matters pending in multi-district litigation panels.

Alan also advises health care providers and handles administrative and peer review matters. He has tried numerous jury cases to verdict and has also handled mediation and arbitration proceedings. Alan has also handled multiple appellate arguments, including several cases which have become published appellate decisions. Whether it be a “slip and fall” personal injury case or complex birth injury case, Alan prioritizes outworking his adversary, keeping his clients well-informed, and providing excellent representation in order to obtain the best possible results.

C. Bennett Harrison joined Cornelius and Collins, LLP in 1983 and is 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, bankruptcy. Ben 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 forty years of litigation experience, Ben is adept at resolving a broad range of civil disputes and he has handled a considerable amount of professional liability cases. In the healthcare field, Ben has litigated numerous malpractice claims for healthcare professionals and hospitals. He also resolves credentialing issues between doctors and hospitals, and commercial disputes out of the practice of medicine. 

Justin Joy is a shareholder in the Memphis office of the Lewis, Thomason, King, Krieg & Waldrop, P.C. law firm, serving as the firm’s privacy officer and heads the firm’s cybersecurity practice group. He provides counsel to clients in the area of information privacy and cybersecurity including incident investigation, breach response management, regulatory compliance, privacy and security policy review and drafting, and cyber risk management.

Specifically, in the area of healthcare, Justin counsels covered entities and business associates on a variety of matters pertaining to HIPAA Privacy Rule, Security Rule, and Breach Notification Rule compliance.

He also represents healthcare groups in state and federal regulatory investigations.  Justin speaks frequently to various groups and organizations on the topic of information privacy and cybersecurity.

Justin is a Certified Information Privacy Professional/US (CIPP/US) and a Certified Information Privacy Technologist (CIPT) through the International Association of Privacy Professionals.  He is a 2001 graduate of Wake Forest University and holds a law and MBA degree from the University of Memphis.

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 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 general negligence, healthcare liability, products liability, negligent design,  employment disputes and attorney malpractice.

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 and has been since 2000.  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.

Ms. Longmire 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 and The Davidson County Mock Trial Competition. She also serves on the Nashville Bar Association Continuing Legal Education Committee. She served on the Nashville Bar Association Board of Directors from 2016 to 2019

Michele Marsicano manages Wiseman Ashworth Law Group’s Healthcare Operations and Behavioral Health Practice Group. She represents hospitals, physicians, and long-term care providers in Circuit, Probate, General Sessions and specialty mental health courts. Over the course of her career, she has gained extensive experience as lead counsel for healthcare clients across Tennessee on conservatorships, expedited limited healthcare fiduciary matters, and commitment hearings.  Michele also has significant experience representing healthcare providers in contested case hearings before the Tennessee Department of Health Professional Boards and as their advocate in policy and rulemaking matters.

Her expertise and penchant for creative problem-solving make her one of the most sought-after attorneys for clients with healthcare operations crises.  Michele regularly counsels healthcare providers on complex case management, consent, end of life decisions, medical ethics and elder abuse. In addition to prompt representation in operational emergencies and litigation, Michele works with healthcare clients on policy development and conducts trainings to educate providers on policy compliance.

Michele is a strong proponent of legal and medical education and training to assist her clients and their staff.  She is a frequent invited presenter to physician, resident, nurse, administrator, case management, social worker and management audiences on various healthcare operations topics.  She also teaches Continuing Legal Education courses for the Tennessee Bar Association, Nashville Bar Association, and Conservatorship Association of Tennessee.

Before joining private practice, Michele served as Judicial Law Clerk to the Honorable Roger W. Dunaway and the Honorable Harold A. Hinesley, Toombs Judicial Circuit Superior Court of the 10th Judicial District of Georgia.  She also worked for the Office of General Counsel for the U.S. Department of Health and Human Services, Region 4 in Atlanta.

Margaret Moore’s  extensive experience at Wiseman Ashworth Law Group representing hospitals and her meticulous nature make her one of the profession’s most thorough and prepared attorneysShe has represented hospitals and medical centers throughout Middle Tennessee and in West Tennessee at the trial court and appellate levels.

Margaret’s trial experience includes cases involving premises liability, medical/hospital negligence, wrongful death and the representation of physicians and hospitals in cases of professional liability. While her cases may vary, her approach remains the same: listen, research, prepare.

Because health care regulations and laws change often and standards are evolving, Margaret relies on her experience and attention to detail to stay abreast of information that can be fundamental to successful outcomes for her clients. She is accustomed to working with health care professionals and staff at all levels, from physicians and administrators to technicians, nurses and other health care employees.

Margaret is a member of the Tennessee Bar Association and a former Secretary of the Nashville Bar Association. Before beginning private practice in 1996, she served as Judicial Law Clerk to the Hon. Barbara N. Haynes in the Davison County Third Circuit Court.

Gary Massey, Jr. grew up in Lincoln County, Tennessee, in a family that had been farming in that area for more than a hundred years. Gary graduated summa cum laude from Freed Hardeman University with degrees in Bible and History. After college, Gary attended the Cumberland School of Law at Samford University in Birmingham, Alabama. He graduated magna cum laude and served as an editor of the Cumberland Law Review.

In 1998, Gary and Michelle moved to Chattanooga where they have lived ever since. In 2000, Gary co-founded his own law firm, now called Massey & Associates. The firm takes pride in giving regular people a voice in the face of power and unfairness. The firm focuses on personal injury and employment law, including medical and nursing home malpractice. In the past twenty years, Gary has overseen the growth of the firm to include six lawyers and many staff members. During that time, the firm has served more than 10,000 clients and recovered tens of millions of dollars in cases involving physical injuries.

Parke Morris A former defense lawyer who clerked for two appellate judges after law school, Parke has represented families and individuals who have suffered catastrophic injuries for over 20 years.

Parke’s legal practice spans the entire state of Tennessee and he is one of the few attorneys in Tennessee to obtain seven-figure verdicts or settlements in each of Tennessee’s three grand divisions (Western/Middle/Eastern). 

Parke has handled medical negligence cases primarily in the long-term care setting (Independent care/assisted living/nursing home) involving medication errors, bed sores (now technically known as pressure injuries), severe dehydration /malnutrition, facility elopement, maggots in wounds, mystery injuries, resident on resident attacks, and sexual assault/molestation.

Serving as lead counsel, Parke obtained the first nursing home negligence verdict ever recorded in Shelby County (Memphis), Tennessee and in 2018, Parke was lead counsel in the first medical negligence verdict (involving a Stage IV sacral pressure injury) in the history of Gaston County (Gastonia), NC. Since 2003, Parke, serving as lead counsel, has obtained more than $70 million for his clients in settlements/verdicts. 

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 is a Fellow of the American College of Trial Lawyers. Fellowship is limited to one percent of the attorneys in any individual State or Province, but in practice far less than one percent ever qualifies for the honor. He has been named Lawyer of the Year in Medical Malpractice Law by The Best Lawyers in America, and he has been named to the Top 100 Attorneys in Tennessee by Super Lawyers.

Since being on the moot court team in law school and being named Best Oralist at the national competition, Mr. Phillips has had a keen interest in appellate practice. He regularly handles cases on appeal.

He is a past Chairman of the Medico-Legal Committee of the Tennessee Bar Association. Mr. Phillips has significant experience representing clinics, hospitals, physicians, and nurses in medical malpractice actions.  He also has significant experience in general civil litigation and appellate practice. Mr. Phillips is a member and the Group Leader of the Firm’s Medical Malpractice Practice Group.

He is a frequent lecturer on topics related to medical malpractice, trial practice, and appellate 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 and has been recognized by Mid-South Super Lawyers® for at least ten consecutive years.   

David Randolf Smith of the Law Offices of David Randolf Smith and Associates has been a trial attorney for 42 years. Smith was also a professor of law at Vanderbilt Law School (1983-1988) teaching torts, evidence, and professional responsibility. His practice has included success at the trial level and on appeal in a number of landmark Tennessee Supreme Court cases:  Jordan v. Baptist Three Rivers Hosp. (establishing that wrongful death damages include loss of consortium); Barkes v. River Park Hosp., Inc. ($10.8M judgment establishing direct duty owed by hospital); Ashe v. Radiation Oncology Associates, 9 S.W.3d 119 (Tenn., Dec 27, 1999) (NO. M199700036SCR11CV) (establishing law of informed consent); Bennett v. Trevecca Nazarene Univ. (assumed duty of care); Payne v. Caldwell (locality rule and causation).

Chris Tardio, of Gideon, Cooper and Essary, PLC has been representing health care providers and entities since 2004 in a wide variety of matters. He has represented the largest health care 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. He is also licensed in Kentucky and regularly represents health care providers in South Central and Western Kentucky. Clients trust Chris with matters from the most complex to the most simple.

Chris has extensive experience in professional negligence cases, from pre-suit investigation through trial and appeal. He has represented health care 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, both on the physician side and the hospital side.

Holly Wade was hired on January 11, 2021 as TLAP’s new Clinical Director. Holly is a Licensed Clinical Social Worker (LCSW) with years of experience in supporting diverse clients with a variety of mental health needs. In addition, her specialized experience includes addressing mood disorders and trauma. She has training in EMDR, CBT, and mindfulness treatments that focus on trauma recovery and mood stabilization. In 2016 Holly became a Certified Daring Way Facilitator (CDWF) through training with Brené Brown, Ph.D who is a nationally recognized leader and best-selling author on the topics of courage, vulnerability, shame, and empathy. Holly recently returned to her home state of Tennessee after living in Connecticut for over 20 years and her adventurous life experiences include living all over the United States and even in Manila, Philippines. She attended Boston University, The University of Tennessee, and Fordham University Graduate School of Social Work. Holly's first job during high school and throughout her college years was working for her mother as a legal secretary in a small family law practice in Knoxville. Holly is dedicated to TLAP’s missions of protecting the public, saving lives and careers in the legal profession, and helping educate lawyers, judges, law students, and bar applicants about the mental health and wellness challenges that impact the profession.