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BEGIN:VEVENT
DTSTAMP:20240328T172229Z
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DTSTART:20210518T080000
DTEND:20210519T080000
CLASS:PRIVATE
DESCRIPTION:
\n \n <
tr>\n | \n Brandon Bass\, with the Law Offices of John Day PC\, in Brentwoo
d\, was named Tennessee Trial Lawyer of the Year for 2021 by the Tennessee
Trial Lawyers&rsquo\; Association. He has previously been selected by Bes
t Lawyers in America for plaintiffs&rsquo\; personal injury litigation\, a
nd as a top rated personal injury lawyer by Super Lawyers. Mr. Bass serves
on the Board of Governors for the Tennessee Trial Lawyers Association and
has testified before the Tennessee Senate Judiciary Committee. | \n
tr>\n \n  \; | \n  \;\n |
\n \n | \n William L. Bomar is a member of Gl
ankler Brown\, PLLC\, in Memphis. Mr. Bomar concentrates his practice in t
he areas of commercial litigation\, health care\, medical malpractice\, co
nstruction litigation and insurance litigation. Mr. Bomar was named one of
the Top Rated Lawyers in Healthcare Law in 2013 by American Corporate Cou
nsel magazine. | \n
\n \n  \
; | \n  \; | \n
\n \n | \n
Judge Thomas W. Brothers was appointed to the Davidson County Cir
cuit Court in February 1989. \; He practiced law in Nashville as a sol
o practitioner (1978-89) in the law offices of Jack Norman. Judge Brothers
is a member of the Tennessee\, Nashville and American Bar Associations an
d L.A.W. He is a member of the ABA Judicial Division&rsquo\;s Technology C
ommittee. As a member of the Tennessee Judicial Conference\, he serves as
Chair of the Technology for the Courts Committee and is a member of the Pa
ttern Civil Jury Instructions Committee and the Delay Reduction Committee.
| \n
\n \n  \; | \n  \; | \n
\n \n | \n Daniel L. Clayton
\, with the law firm of Kinnard\, Clayton &\; Beveridge in Nashville\,
is Board-Certified as a Civil Trial and Medical Malpractice Specialist.&nb
sp\; He has handled a diverse array of cases\, from car accidents and medi
cal malpractice claims to birth injuries and brain damage. Best Lawyers na
med Mr. Clayton as the 2021 Medical Malpractice Lawyer of the Year - Nashv
ille\, marking the third time he has received this recognition. | \n
tr>\n
\n  \; | \n  \;\n |
\n \n | \n Brian Cummings\, \;with Cummings
Manookian in Nashville\, has 18 years of litigation experience\, includin
g successfully handling and trying scores of medical malpractice and perso
nal injury cases. Mr. Cummings was selected in 2021 by The National Law Jo
urnal as an Elite Lawyer of the South. He received the Top 10 Attorney Awa
rd for Tennessee in 2021 for excellence in the field of Personal Injury fr
om the National Academy of Personal Injury Attorneys (NAOPIA). Mr. Cumming
s is Board-certified as a Medical Malpractice attorney by the American Boa
rd of Professional Liability Attorneys. | \n
\n \n  \; | \n  \; | \n
\n \n
| \n Philip N. Elbert joined the Nashville law firm of Neal &
amp\; Harwell\, PLC\, in 1981. He has broad experience in both civil and c
riminal cases. He has won multimillion-dollar verdicts at trial and negoti
ated many millions of dollars in settlements for clients in cases involvin
g serious personal injury or death. In the aggregate\, he and the attorney
s under his supervision have recovered close to $100 million in verdicts a
nd settlements in personal injury cases. | \n
\n \n  \; | \n  \; | \n
\n \n
| \n
\n C. J. Gideon\, Jr.\, with Gideon\, Cooper
&\; Essary in Nashville\, has been representing health care providers i
n professional negligence matters\, peer review matters\, and other litiga
tion for 39 years. He has litigated cases for health care providers in vir
tually every arena\, from administrative tribunals to state and federal co
urts\, and has tried nearly 200 cases to conclusion. Mr. Gideon regularly
represents health care companies\, hospitals\, and physicians in Tennessee
and other states in professional liability actions. He also regularly rep
resents hospitals and physicians in peer review matters\, in Tennessee\, F
lorida\, and in other states. \n | \n
\n \n  \; | \n  \; | \n
\n \n <
td>\n Ba
rry Howard is a founding partner of Howard Tate Sowell Wilson Lea
thers &\; Johnson\, PLLC\, in Nashville and has more than 36 years expe
rience representing corporate and insurance clients in a wide range of civ
il litigation. Mr. Howard is a member of the Tennessee Association of Prof
essional Mediators\, the Tennessee Defense Lawyers Association (TDLA)\, an
d the Defense Research Institute (DRI). | \n
\n \n  \; | \n  \; | \n
\n \n
| \n <
strong>D. Scott Hurley is the principal shareholder in The Hurley
Law Firm\, P.C.\, in Knoxville. His practice focuses on civil litigation\
, including catastrophic personal injury\, wrongful death\, medical malpra
ctice\, commercial and probate litigation. Mr. Hurley has been a frequent
speaker at legal and continuing education seminars on evidence\, expert te
stimony\, direct and cross examination techniques\, witness preparation\,
jury selection and damages in personal injury and wrongful death cases.\n |
\n \n  \; | \n &n
bsp\; | \n
\n \n | \n Chaz Molder\, founder of Mounger
&\; Molder\, PLLC\, in Columbia. \; Molder is licensed to practice
in all Tennessee Courts as well as the United States District Court for th
e Middle District of Tennessee and the United States Supreme Court. Molder
'\;s practice is litigation oriented\, with a primary emphasis of civil
litigation. | \n
\n \n  \;<
/td>\n |  \; | \n
\n \n | \n Marty Phillips is a member of Rainey\, Kizer\, Reviere &\; Bell PLC in Jackson. Mr.
Phillips has significant experience representing clinics\, hospitals\, phy
sicians\, and nurses in medical malpractice actions. He is a frequent lect
urer on topics related to medical malpractice and trial practice. He is th
e author of &ldquo\;The Admissibility of Failing the Board Certification E
xam\,&rdquo\; published by the Defense Research Institute. | \n
\n
\n  \; | \n  \; | \n
\n \n | \n Jordan Scott with Lewis\, Thomason\,
King\, Krieg &\; Waldrop\, P.C.\, in the Nashville office practices pr
ofessional-liability defense and civil litigation. Before joining the firm
\, Mr. Scott served as the hospital attorney for Middle Tennessee Mental H
ealth Institute where he directed the day-to-day legal services for the ho
spital\, conducted weekly commitment hearings\, and advised the hospital a
dministration on HIPAA compliance\, potential liability\, and employment l
aw. | \n
\n \n  \; | \n
 \; | \n
\n \n | \n Chris Tardio\, with G
ideon\, Cooper &\; Essary in Nashville has extensive experience defendi
ng hospitals\, physicians\, and other healthcare providers in virtually al
l kinds of professional negligence cases\, from pre-suit investigation thr
ough trial and appeal. He has represented clients in disputes with federal
agencies\, state boards\, and insurance companies. He has successfully re
presented parties on both sides of peer review matters &ndash\; the physic
ian side and the hospital side. He has special interest and experience in
the most complex of cases\, including multi-district litigation and comple
x birth injury litigation. He has actively participated in almost a dozen
healthcare-related jury trials and administrative trials\, including over
a half-dozen complex multi-week trials. | \n
\n \n  \; | \n  \; | \n
\n \n
| \n Chris Vrettos is an attorney with Gideon Cooper &\; Essary P
LC in Nashville. Mr. Vrettos has defended physicians\, hospitals\, and nur
ses in a diverse range of professional liability actions through all phase
s of litigation. He has tried multiple cases to a defense verdict. He regu
larly advises clients regarding changes in laws affecting the defense of h
ealth care liability lawsuits\, and also handles the defense of premises l
iability actions occurring on hospital grounds | \n
\n \n<
/table>\n\nAgenda
\n\nDAY 1 &mdash\; Th
ursday\, May 17th
\n\nTennessee Healthcare Liability
: Case Update
\n8:00 A.M. TO 9:30 A.M.
\nBrandon Ba
ss
\nLaw Offices of John Day PC
\n\nHow do recent decision
s affect your approach to pending medical malpractice cases? Mr. Bass will
review recent appeals court cases in the healthcare liability area that c
an have a significant impact on your strategy\, including Bray v. Khuri\,
Henderson v. Vanderbilt Univ.\, Miller v. Vanderbilt Univ.\, and Vandyke v
. Foulk. You&rsquo\;ll gain valuable\, practice-critical insights into new
pre-trial notice and certificate of good faith requirements\, admission o
f expert testimony\, comparative fault\, and res ipsa loquitur.
\n\n
MORNING BREAK
\n9:30 A.M. TO 9:45 A.M.
\n\nDUAL CLE: Ethics\, Evidence and Experts
\n9:45 A.M. TO
10:45 A.M.
\nPhil Elbert
\nNeal Harwell
\n\nUsing
experts in a medical malpractice case can present a host of ethical pitfa
lls for Tennessee attorneys. Earn DUAL CLE as learn how to avoid them! We&
rsquo\;ll cover:
\n\n\n - Who is an expert?
\n - Avoiding c
onflicts of interest
\n - Ethical considerations in expert depositio
ns
\n - TRCP 26.02(4) as compared to FRCP 26
\n - The work pro
duct doctrine
\n - Interplay of FRCP 26 and the work product doctrin
e
\n - Communication between counsel and experts
\n - Practice
pointers for state court practice
\n - Influencing testimony
\n
- Expert compensation and ethical issues
\n - Recent changes to T
ennessee Rules of Civil Procedure
\n
\n\n
\nWhat&r
squo\;s Working in Medical Malpractice Mediation
\n10:45 A.M
. TO 11:45 P.M.
\nBarry Howard
\nHoward Tate Sowell Wil
son Leathers &\; Johnson\, PLLC
\n\nWhen a malpractice case is he
aded to mediation\, you have to arm yourself with the most effective negot
iating tactics. Learn proven methods for achieving the best outcome for yo
ur client through mediation
\n\n\n - Preparing client for a succe
ssful negotiation
\n - Determining your strategy
\n - Submissi
ons and pre-mediation negotiations
\n - Negotiation tactics
\n <
li>Communicating during mediations\n - Mistakes to avoid at mediati
on
\n
\n\n
\nLUNCH
\n11:45 P.M. TO 1
2:45 P.M.
\n(INCLUDED WITH REGISTRATION)
\n\nBookending
your Arguments: Opening and Closing Statement Success Secrets
\n12:45 P.M. to 1:45 P.M.
\nMarty Phillips
\nRainey\
, Kizer\, Reviere &\; Bell\, PLC
\n\nWhat 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 summ
ation\, with keen insights from an experienced litigator.
\n\n\n Selecting the right approach for opening statements\n - Opening s
tatement: A time for facts or a time for persuasion
\n - What&rsquo\
;s permissible and what&rsquo\;s not in opening statements
\n - Comm
on objections to opening statements
\n - Keeping the theme and story
consistent
\n - Things to avoid in closing argument
\n - Armi
ng the jury with resources to use in deliberations
\n
\n\n
\nPreventing Hospital/Physician Liability
\n1:45 P.
M. to 2:45 P.M.
\nJordan Scott
\nLewis\, Thomason\, Kin
g\, Krieg &\; Waldrop\, P.C.
\n\nIf a patient claims to have suff
ered as the result of errors in a hospital setting\, both attorneys repres
enting the patient and those representing the hospital must know where the
courts will limit liability and hinder the ability to recover damages. In
this session\, learn how recently decided Tennessee cases change the appr
oach to take and when institutions are either vulnerable or immune.
\n\
n\n - When is a Tennessee hospital liable for the acts or omissions
of employee physicians?
\n - The dangers of reliance on regulatory p
rovisions when establishing non-delegable duty or agency
\n - Practi
cal hospital liability considerations
\n - Role of the Joint Commiss
ion
\n
\n\n
\nAFTERNOON BREAK
\n2:45
P.M. TO 3:00 P.M
\n\nTrial Tips &\; Tactics from a Defen
se Perspective
\n3:00 P.M. to 4:00 P.M.
\nC.J. Gide
on\, Jr.
\nGideon\, Cooper &\; Essary PLC
\n\nC. J. Gid
eon will share tried and true trial tips for defending a medical malpracti
ce case from start to finish. He has been representing health care provide
rs in professional negligence matters\, peer review matters\, and other li
tigation for 39 years\, and has litigated cases for health care providers
in virtually every arena\, from administrative tribunals to state and fede
ral courts\, and has tried nearly 200 cases to conclusion. He regularly re
presents health care companies\, hospitals\, and physicians in Tennessee a
nd other states in professional liability actions.
\n\nLitig
ating Causation Issues in Tennessee Healthcare Liability Cases
\n4:00 P.M. TO 5:00 P.M.
\nWilliam Bomar
\nGlankler
Brown
\n\nIn a healthcare liability action\, the plaintiff has the b
urden of proving that as a proximate result of a negligent act or omission
\, they suffered injuries which would not otherwise have occurred. Regardl
ess of if you represent the plaintiff or the defendant\, you should always
evaluate causation on the front end of the case and as the case progresse
s. \; Mr. Bomar will review legal causation issues that arise in healt
hcare liability cases.
\n\n\n - Proving causation
\n - Spec
ial causation defenses
\n - &ldquo\;Comparative causation&rdquo\;\n
- How to attack the other side&rsquo\;s causation proof
\n
\n\n \;
\n\nDAY 2 &mdash\; Friday\, May 18th
\n\nDefensive Weapons: Keys to Repelling a Medical Malpractice Claim in Te
nnessee
\n8:00 A.M. TO 9:00 A.M.
\nChris Tardio
\nGideon\, Cooper &\; Essary PLC.
\n\nSuccessfully defendi
ng a malpractice charge in Tennessee requires a mix of legal\, technical\,
and communication skills -- and it all starts long before the case comes
to trial. In this session\, you&rsquo\;ll get the latest on:
\n\n\n
- Investigating the Claim
\n - Causation defenses
\n - Seek
ing summary judgment
\n - Weakening the Plaintiff&rsquo\;s case with
depositions
\n - Using medical records to make compelling arguments
\n - Defending your medical evidence
\n
\n\n
\nDeposition Best Practices: How to Prepare\, Take\, and Defend
\n9:00 A.M. TO 10:00 A.M.
\nDaniel Clayton
\nKinn
ard\, Clayton &\; Beveridge
\n\nAre you completely familiar with
the evidentiary and procedural issues with depositions? What grounds for o
bjections 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? What are your options if d
eposition questions are annoying\, embarrassing\, or oppressing to a witne
ss? This session covers:
\n\n\n - Deposition rules
\n - Key
concepts
\n - First impressions
\n - Establishing credibility
\n
\n\n
\nMORNING BREAK
\n10:00 A.M
. TO 10:15 A.M.
\n\nCombining Proof and Argument to Create a
Convincing Story
\n10:15 A.M. TO 11:15 A.M.
\nBria
n Cummings
\nCummings Manookian PLC
\n\nMr. Cummings will
explain how to share themes\, stories\, and memorable items at trial to in
form and persuade your jury\, avoiding the trap of too much tech. You'\
;ll learn how to tell a compelling story and develop cohesive and memorabl
e themes throughout a medical malpractice trial.
\n\n\n - Litigat
or as story teller
\n - How to make your case interesting
\n - Getting emotional buy-in from your jury
\n - How to issue your call
to action
\n
\n\n
\nLUNCH
\n11:15 A
.M. TO 12:15 P.M.
\n(INCLUDED WITH REGISTRATION)
\n\nDU
AL CLE: Ethical Litigation of Liability Claims under HIPAA
\
n12:15 P.M. TO 1:15 P.M.
\nChristopher Vrettos
\nGideon
\, Cooper &\; Essary PLC.
\n\nTo successfully litigate many medic
al malpractice claims\, it'\;s critical to understand HIPAA the require
ments for safeguarding PHI. Christopher Vrettos will share the latest on H
IPAA requirements and what you need to know about breach reporting.
\n\
n\n - Obtaining medical records under HIPAA &ndash\; plaintiff and d
efense considerations
\n - Authorized uses and disclosures of protec
ted health information (&ldquo\;PHI&rdquo\;)
\n - Application of the
HIPAA privacy and security rules to defense firms
\n - Safeguarding
PHI
\n - PHI in litigation
\n - Use of medical records in hea
lth care liability claims
\n - Breach reporting under HITECH
\n<
/ul>\n\n
\nWinning at Trial: A Judicial Perspective on Att
orney use of Technology
\n1:15 P.M. to 2:15 P.M.
\n
Judge Tom Brothers
\nDavidson County Circuit Court
\n\nJoi
n Judge Brothers for a fascinating look at what&rsquo\;s working in courtr
oom technology and the applications being used to make compelling argument
s. You&rsquo\;ll learn:
\n\n\n - What types of technology are ava
ilable
\n - Why use demonstrative evidence
\n - How to use ill
ustrative aids during trial
\n - How to appeal to emotion
\n - When and how may jurors review computer generated materials
\n - Vi
deo court recording
\n - What the future holds
\n - The latest
on e-discovery
\n
\n\n
\nAFTERNOON BREAK
\n2:15 P.M. TO 2:30 P.M.
\n\nPreparing for Voir Dire:
Your Ground Game for Better Malpractice Case Juries
\n2:30 P
.M. TO 3:00 P.M.
\nD. Scott Hurley
\nThe Hurley Law Fir
m
\n\nHave a malpractice trial coming up? You can find a list of sam
ple voir dire questions with a click of a mouse. But what really makes the
m effective? What do you need to accomplish during voir dire? And how can
you use it to gain an advantage over your opponent? In this session\, lear
n:
\n\n\n - Developing a case theme for jury selection
\n - Researching local demographics
\n - Using profiles to create your i
deal juror
\n - Preparing a pre-trial order
\n - When and how
to use jury consultants
\n
\n\n
\nVoir Dire and th
e Art of Asking the Right Questions
\n3:00 P.M. TO 4:00 P.M.
\nD. Scott Hurley
\nThe Hurley Law Firm
\n\nOnce
jury selection has begun\, you want to use every minute of it your advant
age. Scott Hurley will provide proven methods for communicating with prosp
ective jurors and spotting those characteristics that can make or break yo
ur case.
\n\n\n - Establishing your credibility and building trus
t
\n - Personality types to watch for and use to your advantage
\n - Reading the non-verbals
\n - How to conduct an effective grou
p interview
\n - What NOT to do in voir dire
\n
\n\n
\nDUAL CLE: Ethics During Depositions When Dealing with Difficult
Parties
\n4:00 P.M. TO 5:00 P.M.
\nChaz Molder
\nMounger &\; Molder\, PLLC
\n\nDepositions in cases of me
dical malpractice can become heated very easily and fostering a profession
al atmosphere can be challenging. Earn DUAL CLE as you learn techniques fo
r keeping everything on an even keel in the face of passionate litigants.<
/p>\n\n
\n - Restoring professionalism and civility
\n - Rules
of Professional Conduct
\n - Dealing with difficult counsel
\n <
li>Ethically facing challenging expert witnesses\n
\n
\n&nbs
p\;
SUMMARY:Medical Malpractice Conference for Tennessee Attorneys
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SUMMARY:Medical Malpractice Conference for Tennessee Attorneys
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