Location: Nashville School of Law, 4013 Armory Oaks Drive, Nashville, TN 37204
This program features Circuit Judge Ross Hicks of the 19th Judicial District (Montgomery and Robertson counties), along with a faculty of leading defense and plaintiffs' attorneys, explaining the very latest developments in medical malpractice and sharing trial experiences.
Content
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:
- Compliance with pre-suit notice and certificate of good faith requirements
- Proving an expert is familiar with the standard of care in the community after Shipley
- Lack of adequate staffing in assisted living facility as a basis for recovery
- Failed sterilization process
- Waiver of contiguous state requirement for testifying expert
.
9:00 a.m. to 10:00 a.m.: “Voir Dire: How to Choose the Right Jury”
F. Dulin Kelly, The Kelly Firm
The voir dire is a lawyer’s first chance to make an impression on the jury and the most critical aspect of a medical malpractice trial. It is also the process used to choose who will decide your case. What questions are critical in revealing biases on the part of potential jurors? How can you tell who will be more or less open to your theory of the case? Mr. Kelly will offer tips on what actions you can take in selecting the individuals who will decide the case in favor of your client.
Break: 10:00 a.m. to 10:15 a.m.
10:15 a.m. to 11:15 a.m.: “Using Technology to Win Your Case”
Thomas A. Wiseman, III, Wiseman Ashworth Law Group PLC
Learn, from an attorney who has a track record of obtaining successful results for his clients, how to effectively use technology as an aid in the courtroom to educate the jury and communicate themes that are essential to winning a case from a jury comprised of different backgrounds, interests, and learning styles. Mr. Wiseman uses today’s technology to keep the jury’s attention and to present evidence in a clear and demonstrative fashion. Jurors don’t just hear a narrative, but they see a picture being painted of all the critical facts pertinent to the case.
Lunch (sponsored by Lexus Nexus): 11:15 a.m. to 12:30 p.m.
12:30 p.m. to 1:30 p.m.: “The Power of Telling a Great Story”
Brian Cummings, Levine, Orr & Geracioti PLLC
Mr. Cummings will discuss the goal of sharing themes, stories, and memorable items at trial to provide juries not just what is informative, but what is memorable and persuasive. All too often trial lawyers can believe, erroneously, that the use of technology at trial is the Holy Grail of persuasion. Jurors decide cases not just by what they see and hear, but also as a result of what they remember once deliberations start and what they connected with as themes and stories during trial. Learn how to tell a compelling story and develop cohesive themes throughout a medical malpractice trial.
1:30 p.m. to 2:30 p.m.: “Admissibility of Expert Testimony”
Judge Ross Hicks, 19th Judicial District Circuit Court (Montgomery and Robertson counties)
- Is the expert competent?
- What does Shipley require?
- Is the testimony reliable?
- Will the testimony substantially assist the jury?
Break: 2:30 p.m. to 2:45 p.m.
2:45 p.m. to 3:15 p.m.: “Panel Discussion of Hot Topics in the Medical Malpractice Area"
(Judge Hicks and leading plaintiffs’ and defense attorneys discuss some of the “hottest” issues in the medical malpractice arena. Attendees are invited to ask questions, offer their own experiences, and join in the discussion.)
3:15 p.m. to 4:15 p.m.: “Ethical Issues in Screening a Medical Malpractice Case”
Clint Kelly, The Kelly Firm
Healthcare liability cases are both challenging and expensive. Even if a potential client has a meritorious case, you may decide that the case will be too expensive given the number of depositions that must be taken, the number of experts required, and/or the amount of damages to the client. Mr. Kelly will offer tips on choosing your cases and clients wisely.
- Common reasons not to accept a case
- Evaluating the case
- Screening and case acceptance – gathering information during the initial client contact
- Gathering medical records
- Initial medical, factual, and legal research
- Consulting with experts
- Statutory requirements – jurisdiction, venue, pre-suit notice, and certificate of good faith
- Proper parties
- Qualifying experts
- Service of process
4:15 p.m. to 5:15 p.m.: “Medical Malpractice in Tennessee: Where We Stand in 2014”
Chris Tardio, Gideon, Cooper & Essary, PLC
- Shipley: How did it change our practice? What must proffering party show? How to show “Modicum of Familiarity?”
- Principles of comparative fault in a medical malpractice case- shifting the fault to non-parties or the plantiff
- Caps on non-economic and punitive damages: Where will we be in a year or more? Are the caps constitutional?