Vol u m e L X X VI , N o. 4 • Wi n t er 2 01 9
Ser v in g t h e G rea t er Met ropolit a n Kno x vi l l e A r e a
KAM KNOXVILLE ACADEMY OF MEDICINE
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PRESIDENT’S MESSAGE
KAM
Academy Officers Tim Wilson, MD PRESIDENT
Jeff Ollis, MD
PRESIDENT ELECT
Daniel Bustamante, MD SECRETARY
Brian Daley, MD TREASURER
Neil Coleman, MD
IMMEDIATE PAST PRESIDENT
Kimberly Weaver, PhD CEO
Board of Trustees Michael Brunson, MD David Harris, MD Zac Jumper, MD James Choo, MD
Ex- Officio Board Members Mark Browne, MD Richard Briggs, MD Debbie Christiansen, MD Randal Dabbs, MD Elise Denneny, MD Richard DePersio, MD Keith Gray, MD Terry Nowell, MD Robert Page, MD Kirstin Kropilak -KAMA Brandon Theriault - LMU
Publisher Kim Weaver, PhD
Editor Jonathan Weaver
Production/Advertising Margaret Maddox
ADVERTISING: For advertising information, call the Academy offices at (865) 531-2766. The magazine is published four times per year by the Knoxville Academy of Medicine (KAM). All rights reserved. This publication or any part thereof may not be reproduced without the expressed written consent of the KAM. The appearance of advertising in KAM publications is not a KAM guarantee/endorsement of the product or the claims made for the product by the manufacturer. The fact that an advertisement for a product, service, or company has appeared in a KAM publication shall not be referred to in collateral advertising. The KAM reserves the right to accept or reject any advertising in the publication.
KNOXVILLE ACADEMY OF MEDICINE
As the year comes to a close and the holidays are approaching, I am thankful for my many blessings. I am very thankful for my wife, family, and friends. I am thankful for my patients, office staff, hospital staff, KAM, and TMA staffs. I am also thankful for the talented and dedicated colleagues and nurses that I have the privilege of working with to deliver care. Our Knoxville medical community is truly something for which we can all be thankful. The end of the year also brings reflection of our activities and accomplishments. KAPA continues to provide care for those in need. Currently, KAPA has coordinated more than $350 million dollars in donated care to more than 30,000 people. The KAM has a new insurance program to help physician practices. We have developed a physician wellness program that will debut this spring. Medical students and residents are joining the KAM/TMA in record numbers. They are drafting meaningful resolutions and affecting legislation. Lastly, the year-end makes me think about the challenges of the coming year. Employers of physicians and venture capital firms continue to change the landscape of our work lives. Insurance companies, employers, hospitals, government agencies and regulations, and EHRs all continue to increase our workload without additional compensation. Nurse practitioners will again be seeking independent practice without the need for physician collaboration. Balanced billing legislation is likely on the state and/or national level. We must insure that this legislation offers an arbitration option and doesn’t act to give the insurance companies an additional advantage on forcing us to accept unfair contracts or payment arrangements. Our country continues to graduate more doctors tha n we have available training spots. We still have Tennesseans without good access to medical care. We remain 42nd out of 50 in overall health ranking. Opioid abuse remains a formidable challenge. To close on a positive note, doctors, and the TMA in particular, continue to influence health policy in our state. In fact, in 2019 Tennessee Medical Association was named the most in-
fluential and trusted advocacy program in the State, not just in healthcare but across all industries. To be most effective, we need a unified voice to advocate for public policies, rules and regulations, and promote healthcare safety and quality for all Tennesseans. We continue to try to find ways to work with medical specialty associations to present a unified voice to our lawmakers. I want to encourage you to discuss important issues and the need for continued advocacy with your colleagues (both members and non-members). Encourage them to be involved on the local, state or and or national level(s). I wish all of you happy holidays and a prosperous new year. It has been and honor and a privilege to serve as your president in 2019 and I look forward to a successful 2020. With gratitude, Timothy S. Wilson, MD
Calendar of Events DEC 12
JAN 25
FEB 20
Blount County Holiday Party Blue Tick Brewery, 6:00 pm KAMA’s Doc Rock for Health The Concourse Opioid Symposium The Venue Lenoir City 9:00 am - 3:30 pm
MARCH 25
Doctors Day on the Hill 2020 Cordell Hull Building, Nashville
APRIL 24
KAPA’s Boot Scootin’ Ball 2020 Knoxville Marriott, 6:30 pm - 11:00 pm
JUNE 2
KAM Day at the Smokies
FOR MORE INFO ON ALL EVENTS, VISIT WWW.KNOXVILLEMEDICINE.ORG
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ACADEMY NEWS New Members
KAM
KNOXVILLE ACADEMY OF MEDICINE No Picture Available
A big welcome to our newest members! We are excited that you have decided to join the Knoxville Academy of Medicine. NITIN SACHAN MD
IGOR TKACHENKO, MD
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ANGELA SMITHEY, MD
SHERI SCOTT ZIEMINICK, MD
FAMILY MEDICINE UT Hospitalists 1924 Alcoa Highway, Box 56 Knoxville, TN 37920
PEDIATRICS Knoxville Pediatric Associates, PC 1124 E. Weisgarber Rd Ste 200 Knoxville, TN 37909
EMERGENCY MEDICINE Team Health Southeastern Emergency Physicians 1431 Centerpoint Blvd, Ste 100 Knoxville, TN 37920
PEDIATRICS Knoxville Pediatric Associates, PC 1124 E. Weisgarber Rd Ste 200 Knoxville, TN 37909
First Row Left to Right: Nitin Sachan, MD; Igor Tkachenko, MD. Second Row Left to Right: Angela Smithey, MD; Sheri Scott Zieminick, MD.
Additionally, We would like to welcome the following new KAM Resident Members: Residents: Andrew Rogers, MD Students: Sophia Ahmed Areej Almadani Alexandria Atkins Ryland Boehnke Alekhya Bommireddipalli Phillip Brier Emiley Bryant Anne Burtch Jonathan Cain Rachel Chang Jordan Christopher Samuel Cothran Marissa Coutinho
Hailey Cox Evan Crawford Priyana Dharampuriya Tyler Emery Jessica Ezell Allison Fellers Jessica Fisher Sara Forbeck Jeremy Fukushima Ronald Giblin Omar Hanbali Brienne Nicole Horton Benton Hurt TaRessa Jones Oly Kar Sabina Khalid
LMU-DCOM Host Hospital Day
Vikas Kilaru Tanner Kimball Andrew Kleehammer Dan Lee Jennifer Luttrell Matthew Lyons Andrea Medero Katherine Menendez Thomas Nelson Erica Nobles Teresa Nguyen Gunnar Orcutt Virginia Parker Sarah Anne Pearson Joseph Perrigoue Ann Ramberg
Jose Rodriguez Preston Rose Andrew Saad Alessandro Sarno Carlie Smallwood Noah Sobel Cody Boyer-Sprouse Dakota Stapleton Elizabeth Taylor James Thorderson Olivia Travis Sydney Ulrey Dominic Vase Kristin Wethington Chelsey Wilson Gabriela Zagonel
Students of LMU-DCOM had the opportunity to participate in Hospital Day at the Harrogate and Knoxville Campuses. Hospital day is an annual event that allows students to explore some of the many options available for medical rotations and residency programs. KAM had the opportunity to be at both locations to interact with current members as well as educate new students and offer membership with the TMA and KAM.
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KAM KAM Hosts Annual Legislative Dinner
KNOXVILLE ACADEMY OF MEDICINE
This year’s Legislative Dinner was held at The Foundry’s Southern Depot in downtown Knoxville. The event was well attended and offered members the opportunity to speak with area legislators regarding issues that are or will be impacting the practice of medicine. Guests were welcomed by KAM President Timothy Wilson MD as the evening began. After a delicious meal, each legislator present spoke to the group and answered questions and concerns of the members. Ben Simpson, with the TMA Advocacy team, was present to moderate questions and offer insight as to current TMA efforts. Legislators in attendance were: Lt. Governor Randy McNally, Senators Becky Massey and Richard Briggs, MD, Representatives Bill Dunn, Rick Staples, Bob Ramsey. Many thanks to the financial advisors Todd Williams and Travis McCrurry for making this event possible through their sponsorship.
Emeritus Members Luncheon Emeritus members of the KAM and surrounding counties met to share a meal and enjoy conversation. The Fall meeting was well attended and always offers the opportunity for members to get together and catch up. The KAM recognizes the importance of the strength of our Emeritus group and is grateful for the many years of service to our community.
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ACADEMY NEWS
KAM KNOXVILLE ACADEMY OF MEDICINE
Blount County Medical Society Quarterly Update By: Travis Groth, DO - BCMS President
“The future is something which everyone reaches at the rate of 60 minutes an hour, whatever he does, whoever he is.” -CS Lewis. The holiday season is upon us and time is flying. As we try to organize the sometimes chaotic schedules of juggling life with medicine, we sometimes lose sight of why we practice medicine. I think it is important to remember when we are running behind seeing patients, our family wants our undivided attention, or we simply don’t have enough time in the day that the future will always be at a rate of 60 minutes an hour. Take a deep breath and spend the extra time! Don’t live the present dwelling on the past and don’t lose the present looking to the future. As the holiday season quickly comes upon us, I would like to reflect on some accomplishments of the Blount Medical Society over the last few years. The society has a Board to help support the president which has been a tremendous blessing. As always we appreciate the help of KAM with all the work behind the scenes and the help of Margaret Maddox who keeps this car driving. We have had 2 successful pig roasts the last 2 years with help from Dr. Schrock. The medical society continues to support
“Beers with Peers” the second Thursday of every month. This is a time for colleagues, friends, and family to relax at the end of a busy day and spend some quality time outside of the workplace. The medical society is now investing so that we may continue to improve our budget, thanks to the efforts of Dr. Haralson. Last but not least, we have our upcoming Christmas Party on December 12th at the previous Barley’s Taproom in Downtown Maryville. This will be an amazing night with a string trio playing Christmas music, good food, and great people. The Blount Medical Society has decided to open this event up to all physicians (members or not) in Blount County so RSVP and come on out! I can’t believe that my 2 years as President is coming to an end. Elections will be held at the Christmas Party in December to elect a new president. As always, I am grateful for the opportunity to serve as President of the Blount County medical society, and I am thankful for my supportive board. I plan on remaining active within the medical society. Hope everyone has a great Thanksgiving and Merry Christmas. Cheers! -Travis Groth
Report of the Nominating Committee KAM BOARD OF TRUSTEES 2020 2020 OFFICERS NOMINATED FOR RE-ELECTION: Secretary: Daniel Bustamante, MD Treasurer: Brian Daley, MD
Daniel Bustamante, MD
James Hurst, MD
BOARD MEMBERS NOMINATED FOR RE-ELECTION: Zac Jumper, MD Brian Daley, MD
NOMINATIONS FOR NEW KAM BOARD MEMBERS: Darinka Mileusnic-Polchan, MD James Hurst, MD Jeff Gilbert, MD
Jeff Gilbert, MD
Zac Jumper, MD
KAM FOUNDATION BOARD OF GOVERNORS 2020
Patrick McFarland, MD
GOVERNORS NOMINATED FOR RE-ELECTION: Patrick McFarland, MD Darinka MileusnicPolchan, MD KNOXVILLEMEDICINE.ORG
NOMINATIONS FOR NEW GOVERNORS: James Shamiyeh, MD
James Shamiyeh, MD
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LEGAL NEWS
KAM KNOXVILLE ACADEMY OF MEDICINE
Legal Developments: Application of the THCLA to Non-Traditional Health Care Related Claims By: Brett N. Mayes
At this point, many practitioners in the volunteer state are familiar with the Tennessee Health Care Liability Act, Tenn. Code Ann. § 2926-101 et seq. (“THCLA”), which governs health care liability actions filed in Tennessee. One developing issue in Tennessee courts is the scope of application of the THCLA beyond traditional medical malpractice claims. In August, the Tennessee Supreme Court granted an application for appeal in Jackson v. Burrell, a case directly addressing the Act’s application to claims outside the traditional medical malpractice context. The underlying action, filed in Shelby County, concerned a customer’s allegations of sexual assault during a massage at a day spa. The lawsuit included intentional tort claims (assault and battery, inflection of emotional distress, etc.) against the massage therapist as well as negligence claims (vicarious liability and negligent supervision, retention, and training) against the employer. The trial court ultimately dismissed all claims against both defendants due to plaintiff’s failure to file a certificate of good faith as required by the THCLA.
On review, the Court of Appeals focused on application of the Act to both the intentional tort claims against the employee and the negligence claims against the employer. Specifically, the Court reiterated that application of the THCLA “depends on the nature of the claim brought against the health care provider.” Reversing the dismissal of the massage therapist, the Court reaffirmed that allegations such as assault and rape do not fall with the ambit of the Act. Regarding the vicarious liability claims against the salon, the Court stated that although that it was undisputed that the employee was an agent of the salon, “it strains credulity to view […] sexual assault to be within the scope of employment,” and affirmed summary judgment. Interestingly, however, the Court affirmed the dismissal of the negligent hiring, retention, and supervision claims for failure to comply with the THCLA. Relying on the Legislature’s definitions for “health care provider” and “health care liability action,” the Court held that the claims were subject to the Act because they were claims for negligence (not intentional torts) and were filed against a provider as defined by the Act. A majority of the Court also rejected the argument that the customer’s claims were subject to the “common knowledge exception,” and therefore did not require expert testimony (or a certificate of good faith under the THCLA). Instead, the majority opinion held that expert proof was “required to established the recognized standard of acceptable professional practice in the massage service industry” regarding retaining and supervising the employee. It will be interesting to see how the Tennessee Supreme Court further addresses this issue, which will impact future lawsuits that concern Tennessee health care facilities and health care providers, but not necessarily traditional notions of health care services. Mr. Mayes is an attorney with London Amburn, a law firm dedicated to delivering client-driven legal services to its healthcare clients. For over 25 years, London Amburn has provided legal services encompassing health law, including regulatory and compliance, mergers and acquisitions, corporate and business, and employment matters, as well as medical malpractice and nursing home defense. Disclaimer: The contents of this article are for general informational purposes only and are not to be construed as legal advice. You should consult an attorney regarding any specific legal questions.
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KAMA CORNER WE CARE Communicate Active Relationships Excitement By: Judy Akers, KAMA President
It is with great excitement that I would like to share what a wonderful Fashiondrama we had in October. So many people had to come together to make the event successful. Many thanks to Carolyn Cates and Debbie Kerns, who were co-chairs of the event. We will be able to fund multiple grants in the spring due to the overwhelming support we received. I would also like to thank our sponsors and fashion vendors. Premier Surgical is our corporate sponsor this year and to them we are extremely grateful. We will be hosting Doc Rock on Saturday, January 25, 2020, and hope
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that many of you will be able to attend. There will be 5 bands this year playing for various non-profit organizations throughout the community. This event creates a lot of excitement and participation. A big thank you to Mary Weiss, chairman, and Abigail Jumper, band liaison, for all of their hard work and planning to ensure Doc Rock is fun and successful. Without all of our members who care we would not be able to support the scholarships, grants and the community. The reward comes when we get to meet a recipient of one of the nursing scholarships and learn about their life and what a difference the money makes in their endeavor to further their education. As always, please feel free to reach out to me with any questions or thoughts. Judyakers5@gmail.com.
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