Medical Malpractice Conference for Tennessee Attorneys (ahm)

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Nashville School Of Law

4013 Armory Oaks Drive

Nashville, TN 37204

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12th Annual Medical Malpractice Conference for Tennessee Attorneys

About this Event



Join us for the 12th annual Medical Malpractice Conference for Tennessee Attorneys, May 14-15 in Nashville, Tenn., at the Nashville School of Law.

Enhance your skillset by learning the most up-to-date information and developments in malpractice cases. Gain valuable perspective from both plaintiff and defense attorneys on the most recent case law changes and what 2020 has in store for navigating the industry.

Immerse yourself in the learning process while networking with featured speakers: Davidson County Judge Joe Binkley, Judge Michael Spitzer of the 21st Judicial District, and the most experienced and knowledgeable experts from across the state.

Obtain your annual requirement of up to 15 total hours of CLE: 12 hours of general plus 3 hours of dual ethics/professional, during this extraordinary two-day event!

The conference site is conveniently located just outside of downtown Nashville with plenty of FREE parking and complimentary Wi-Fi.

Highlights include:

  • Recent Developments in Healthcare Liability Actions
  • Case Law update
  • The Use of Technology in Medical Malpractice cases
  • Tennessee Lawyers Assistance Program
  • Ethical Considerations in Medical Malpractice
  • Analyzing the Reptile Theory
  • Practical Tips for Navigating Appellate Practice
  • The Rise of Medical Battery and Informed Consent
  • Opening/Closing Statements in Medical Malpractice Trial
  • Hot Topics in Healthcare Liability Discovery
  • Hospital Liability
  • And More!


Day One — Thursday, May 14, 2020

7:30 a.m. – 8:00 a.m.


8:00 a.m. – 9:00 a.m.

Case Law Update

Brandon Bass

Law Office of John Day P.C.

Summarizing the key holdings of every significant case in the last year

Must a provider respond to pre – suit notice with the names of other providers?

How much expert testimony is needed to survive summary judgment?

What must medical authorizations include for pre – suit notice?

9:05 a.m. – 10:05 a.m.

Opening Statement and Closing Arguments in Medical Malpractice Cases

Chris J. Tardio, Esq.

Gideon Cooper and Essary, PLC

The law on opening statements and closing arguments

Effective opening statement strategies in malpractice cases

Effective closing argument strategies in malpractice cases

Use of technology in opening and closing.

10:05 a.m. – 10:15 a.m.


10:15 a.m. – 11:15 a.m.

Tennessee Lawyers Assistance Program

Judge Michael Spitzer

History of the Tennessee Lawyers Assistance Program

Rule 33 of the Tennessee Supreme Court establishing TLAP and setting its purpose, mission, administration, and the newly created Tennessee Lawyers Assistance Program Foundation

Tennessee Code Annotated Title 23, Chapter 4, concerning confidentiality and immunity

ABA research and findings concerning the profession

Clinical perspective from clinician Linsey O'Connell

If time permits, a meditation exercise and stress management

11:20 a.m. – 12:20 p.m.

Practical Tips for Navigating Appellate Practice

Marty Phillips

Rainey Kizer Reviere & Bell, PLC

Preserving issues for appeal

The record on appeal

Briefs on appeal

Oral argument

12:20p.m. – 12:50 p.m.

LUNCH (30 Mins)

12:50 p.m. – 1:50 p.m.

The Rise of Medical Battery and Informed Consent in the Era of Assembly Line Medicine: Ethical Considerations

Clint Kelly

The Kelly Firm

Development of medical battery and informed consent claims

Differences between medical battery and informed consent claims

Direct correlation between assembly line medicine and claims of medical battery and informed consent

Ethics – maintaining civility during depositions

1:55 p.m. – 2:55 p.m.

Pitfalls and Recent Developments in the filing of Healthcare Liability Actions

Judge Joe Binkley

Healthcare Liability Act overview

Requirements of pre – suit notice including timing and procedure

Requirements of certificate of good faith

Vicarious liability claims – Suing the principal for actions of the agent

New developments under Abshure v. Methodist Healthcare – Memphis Hospitals

Direct claims under Barkes v. River Park Hospital, Inc.

2:55 p.m. – 3:05 p.m.


3:05 p.m. – 4:05 p.m.

Use of Experts

David Randolf Smith

Law Offices of David Randolf Smith & Associates

Selection of Experts

Locality Rule

Rule 56


Appellate Practice & the Record

4:10 p.m. – 5:10 p.m.

Ethics in Medical Malpractice Cases

Wendy Longmire

Ortale Kelley Law Firm

Day Two – Friday, May 15, 2020

7:30 a.m. – 8:00 a.m.


8:00 a.m. – 9:00 a.m.

Basic Instincts: Analyzing the Reptile Theory

Andrew D. Tharp

Butler & Snow, LLP

An overview of the reptile theory

The reptile theory in action

A defense counsel’s perspective on combatting the reptile theory

9:05 a.m. – 10:05 a.m.

Tips to Avoid Tricks in Sending Pre – Suit Notice: An Update on Case Law and Substantial Compliance

Jenney Keaty

Morgan & Morgan

10:05 a.m. – 10:15 a.m.


10:15 a.m. – 11:15 a.m.

The Use of Technology in Medical Malpractice Cases

Justin Joy

Lewis Thomason

Keeping the case organized with technology

Using technology to help make your case in court

Privacy obligations when using technology

Keeping data secure and what law firms should do when there’s a problem

11:20 a.m. – 12:20 p.m.

The Plaintiff’s Perspective: Helping your Client Endure the Uncertainties of the Case and Ethical Considerations

Gary Massey Jr.

Massey & Associates, PC

Managing client expectations and frequency of communication

Properly assisting severely injured clients

Preparing your client for trial

Ethical considerations in handling issues with heirs

12:20 p.m. – 12:50 p.m.

LUNCH (30 Mins)

12:50 p.m. – 1:50 p.m.

Hot Topics in Healthcare Liability Discovery

C. Bennett Harrison, Jr.

Cornelius & Collins, LLP

Use of Rule 30.02(6) against institutional defendants, such as hospitals

Effects of the privileges and immunities afforded by the Tennessee Patient Safety Quality Improvement Act (TPSQIA)

Ability to obtain standard of care or causation testimony from fact witnesses not designated as expert under Rule 26.

1:55 p.m. – 2:55 p.m.

Hospital Liability: Defense Perspective

Margaret Moore

Wiseman Ashworth Law Group, PLC

Defending nurses’ depositions

Defending corporate representative depositions

Compatible defenses between hospitals and physicians

2:55 p.m. – 3:05 p.m.


3:05 p.m. – 4:05 p.m.

The Complex Web of State and Federal Privacy Laws and its Impact on the Medical Malpractice Case

Ann Lundy

Butler & Snow, LLP

Implications of HIPAA and state privacy laws in a medical malpractice case;

Is a HIPAA compliant patient authorization good enough?

When ex – parte interviews with physicians are permissible

Does the “Patient Rate” rule apply to third – party medical records request

Lawyer’s HIPAA obligations and potential liabilities as a business associate in possession of PHI;

When attorneys can be liable for a HIPAA breach

Cybersecurity; Ransomware; and insurance

What is the “Legal Medical Record” in an electronic health system

Your Distinguished Faculty

Brandon Bass

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.

C. Bennett Harrison

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.

Judge Joe Binkley, Jr. is Judge of the Fifth Circuit Court for the 20th Judicial District serving Davidson County, Tennessee. He received a Bachelor of Arts Degree from Vanderbilt University in 1966. He received his Doctor of Jurisprudence from Vanderbilt University School of Law and was also admitted to the Tennessee Bar in 1969.

Judge Binkley practiced law in Nashville as a solo practitioner for 39 years (1969-2008). He was appointed to the Fifth Circuit Court in April 2008 by Governor Phil Bredesen and was elected by popular vote in August 2008. He was re-elected by popular vote in August of 2014. He is a member of the Nashville Bar Association. He is a Fellow of the Tennessee Bar Foundation as well as a Fellow of the Nashville Bar Association. He is a Trustee of the Nashville Bar Foundation as well as a Board Member of the Nashville Bar Association. He is also an Emeritus member of the Harry Phillips American Inn of Court. Judge Binkley is serving his tenth consecutive term as the Presiding Judge of the 18 State Trial Court Judges in the 20th Judicial District.

"Please contact the community manager Marilyn (marilyn.b.turner@nyeventslist.com ) below for:

- Multiple participant discounts

- Price quotations or visa invitation letters

- Payment by alternate channels (PayPal, check, Western Union, wire transfers etc)

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Nashville School Of Law

4013 Armory Oaks Drive

Nashville, TN 37204

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