Joseph H. King, Jr.

Walter W. Bussart and UTK Distinguished Professor of Law
B.A., 1965, Pennsylvania State University
J.D., 1970, University of Pennsylvania

Law and Medicine, Torts, Workers' Compensation

jking2@utk.edu

Professor King has been widely published on torts and medical issues. His research interests include torts, especially relating to the standard of care and causation; medical malpractice; worker's compensation; and social security disability. He is the author of The Law of Medical Malpractice in a Nutshell and his writings have been published in the American University, Washington and Lee, SMU, Cincinnatti, William & Mary, Hofstra, Wake Forest, Oklahoma, Memphis, Baylor, Houston, Tennessee, Ohio State, Vanderbilt, and University of Pennsylvania law reviews, and in the Yale and Duke Law Journals. His articles have been cited in more than one hundred cases, including decisions by the British House of Lords and the Canadian Supreme Court. Professor King has lectured frequently to health care providers and to veterinarians on professional liability. His lectures have included a presentation at a conference sponsored by Harvard Medical School. A member of the UT faculty since 1973, he has twice received the Harold C. Warner Outstanding Teacher Award, has received the W. Allen Separk Outstanding Teacher Award, and has also been honored with the Carden Award for Outstanding Service and the Carden Award for Outstanding Scholarship.

Publications

       Books:

The Law of Medical Malpractice in a Nutshell (West, 2nd ed., 1986).

       Articles:

The Common Knowledge Exception to the Expert Testimony Requirement for Establishing the Standard of Care in Medical Malpractice, 59 Ala.  L.  Rev. 51 (2007).

Deus ex Machina and the Unfulfilled Promise of New York Times v. Sullivan: Applying the Times for All Seasons, 95 Ky L. J. 649 (2007).

The Standard of Care for Residents and Other Medical School Graduates in Training, 55 Amer. U. L. Rev. 683 (2006).

Limiting the Liability of Franchisors for the Torts of Their Franchisees, 62 Wash. & Lee L. Rev. 417 (2005).

Pain and Suffering, Noneconomic Damages, and the Goals of Tort Law, 57 SMU L. Rev. 163(2004).

Counting Angels and Weighing Anchors: Per Diem Arguments for Noneconomic Personal Injury Tort Damages, 71 Tenn. L. Rev. 1(2003).

Defining the Internal Context for Communications Containing Allegedly Defamatory Headline Language, 71 Cinn. L. Rev. 863 (2003).

Outlaws and Outlier Doctrines: The Serious Misconduct Bar in Tort Law, 43 William and Mary L. Rev. 1011 (2002).

The Misbegotten Libel-Proof Plaintiff Doctrine and the ‘Gordian Knot' Syndrome, 29 Hofstra L. Rev. 343 (2000).

Reference to the Plaintiff Requirement in Defamatory Statements Directed at Groups, 35 Wake Forest L. Rev. 343 (2000).

Reconciling the Exercise of Judgment and the Objective Standard of Care in Medical Malpractice, 52 Okla. L. Rev. 49 (1999).

“Reduction of Likelihood" Reformulation and Other Retrofitting of the Loss-of-a-Chance Doctrine, 28 U. Mem. L. Rev. 491 (1998).

A Goals-Oriented Approach to Strict Tort Liability for Abnormally Dangerous Activities, 48 Baylor L. Rev. 343 (1996).

Exculpatory Agreements for Volunteers in Youth Activities -- The Alternative to ‘Nerf’ Tiddlywinks, 53 Ohio St. L. J. 683 (1992).

The Standard of Care for Veterinarians in Medical Malpractice Claims, 58 Tenn. L. Rev. 1 (1990).

The Exclusiveness of An Employee’s Workers’ Compensation Remedy Against His Employer, 55 Tenn. L. Rev. 405 (1988).

Social Security Benefits for Disability Related to Alcohol Consumption, 50 Tenn. L. Rev. 425 (1983).

The Duty and Standard of Care for Team Physicians, 18 Hous. L. Rev. 657 (1981).

Causation, Valuation, and Chance in Personal Injury Torts Involving Preexisting Conditions and Future Consequences, 90 Yale L. J. 1353 (1980).

The Standard of Care and Informed Consent Under the Tennessee Medical Malpractice Review Board and Claims Act, 44 Tenn. L. Rev. 225 (1977).

In Search of a Standard of Care for the Medical Profession: The ‘Accepted Practice’ Formula, 28 Vand. L. Rev. 1213 (1975).

Medical Malpractice, 1974 Duke L.J. 1000 (reviewing David M. Harney, Medical Malpractice (1973).

Compensation of Persons Erroneously Confined by the State, 118 U. Pa. L. Rev. 1091 (1970).

Additional articles in Tenn. L. Rev.

Selected Professional Presentations

“The Loss of a Chance in Breast Cancer Litigation,” at conference on “The Delayed Diagnosis of Breast Cancer,” September 1995, jointly sponsored by Harvard Medical School, Deconess Hospital, and others.

“Professional Liability of Veterinarians,” UT College of Veterinary Medicine, March 1995.

“The Causes and Effects of Increases in Professional Liability of Physicians and Appropriate Responses of the Medical Profession,” UT College of Medicine, Family Medicine, June 1990.

Participant, national conference on “Teaching Law and Ethics in Obstetrics and Gynecology Residency Programs,” November/December 1989.

“Recent Developments in Professional Medical Liability,” Knoxville Orthopedic Society, November 1988.

“The Expanding Scope of a Physician’s Liability for Medical Malpractice,” Knoxville Orthopedic Society, November 1987.

Selected Achievements and Affiliations

W. Allen Separk Outstanding Teaching Award, 1998.

Carden Award for Outstanding Achievement in Scholarship, 1996.

Harold C. Warner Outstanding Teacher Award, 1983 and 1990.

Carden Faculty Award for Outstanding Service, 1989.

March 3, 2008