Description: Day on Torts — Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.
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The Tennessee Bar Journal has just published my article, “ Tennessee Supreme Court Creates the “Colleague Privilege .” The article discusses the implications of a brand-new privilege which provides tha t “a defendant healthcare provider cannot be compelled to provide expert opinion testimony about another defendant provider’s standard of care or deviation from that standard,” and that this holding “stands regardless of any supervisory relationship between the providers.”
Where an HCLA plaintiff failed to establish a breach of the applicable standard of care, the Claims Commissioner’s ruling for the State was affirmed.
In Black v. State , No. M2022-00399-COA-R3-CV (Tenn. Ct. App. July 25, 2023), plaintiff filed suit on behalf of her husband, who died after a short stay in a skilled nursing facility owned and operated by the State of Tennessee. When the husband was admitted to the facility, he was 84-years-old and suffered from Alzheimer’s disease, diabetes, and many other health complications.
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