December 27, 1999
Volume 5 -- Number 174

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
02 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

						
PATRICIA P. ASHE
VS.
RADIATION ONCOLOGY ASSOCIATES and STEVEN L. STROUP, M.D.

Court:TSC

Attorneys: 

FOR APPELLANT:              FOR APPELLEE:

DAVID RANDOLPH SMITH        THOMAS A. WISEMAN III
ROBERT BLAKE MENZEL         Nashville
Nashville                         

Judge:  HOLDER

First Paragraph:

We granted this appeal to address the appropriate standard to be
employed when assessing the issue of causation in a medical
malpractice informed consent case.  We find that the objective
standard as set forth in this opinion best balances a patient's right
to self-determination with the need for a realistic framework for
rational resolution of the issue of causation.  We hold that the
standard to be applied in informed consent cases is whether a
reasonable person in the patient's position would have consented to
the procedure or treatment in question if adequately informed of all
significant perils.  The decision of the Court of Appeals is affirmed,
and the case is remanded to the trial court for a new trial.

http://www.tba.org/tba_files/TSC/ashepatp.wpd



EDDIE RONALD EADY VS. CIGNA PROPERTY & CASUALTY COMPANIES Court:TSC Attorneys: For Appellants For Appellee D. Russell Thomas Patrick A. Ruth Herbert M. Schaltegger Gracey, Ruth, Howard, Tate & Sowell Murfreesboro, TN Nashville, TN Judge: GAYDEN First Paragraph: This case is before the Court upon motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference . . . http://www.tba.org/tba_files/TSC/JOEADY.wpd

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