What is Delta V ? Minor impacts

We tend to assess the severity of a collision in terms the injuries suffered by the occupants of the vehicles. But the injuries that occur in any particular accident depend on a lot of things including vehicle crashworthiness, restraint usage, occupant characteristics and it is generally thought, vehicle speeds. Vehicle speeds, however, are related to severity in a complicated fashion, consider the following: Recently the space shuttle ran into the Russian space station. Both vehicles were … [Read more...]


I recently took a case involving an anterior cervical discectomy and fusion procedure by a local neurosurgeon who placed the wrong size screws in him.  The screws protrude 3 mm anterior to the C3 vertebrae resulting in bone spurs and likely nerve impingement.  Headaches can present with further soft tissue injury as an ancillary effect.  Using screws and plates to stabilize the vertebrae is sometimes done when a previous method has failed (the bone fusion fails and allowing too much movement of … [Read more...]


When a patient presents to an emergency department with the new onset of headache, lethargy or altered mental status without the development of a "focal" neurological deficit, it is imperative that intracranial hemorrhage be high in the differential diagnosis list. One can suffer a subarachnoid hemorrhage or an intracerebral hemorrhage without focal neurological deficit but with severe headache and altered mental status. What should be done to evaluate such a patient? A CT scan of the head. When … [Read more...]

What should you do if injured at work:

In my workers compensation practice, I have found many employers play upon the injured worker's ignorance of their rights.  I continually contend with injured clients who provided notification to their immediate supervisor of an injury who failed to provide the First Report of Work Injury on Form C-20 required by the state.  If you find that your employer continues to fail to comply with this requirement then you must hire an attorney immediately. What should you do if injured at work? An … [Read more...]

Tennessee Workers Compensation Law Utilization Review

As a workers compensation attorney who assists injured workers for injuries sustained in course of employment, the utilization review is the most difficult and absurd element of workers compensation law one must contend with. Where in the course of medical treatment and in the universe of healthcare can a registered nurse dictate what is medically necessary and reasonable while and trumping the diagnosis and recommendation of an authorized treating physician or surgeon? In the scope of my … [Read more...]

TN Nursing Homes Rank 5th Worst in Nation

Poorly staffed nursing homes have put Tennessee among the worst in the nation for quality of long-term care for a second year, a federal report shows. That's because Tennessee has one of the lowest staffing requirements in the country; less than half of what Medicare recommends. But it is unlikely that facilities' staffing will get better anytime soon, in part because state law would have to require higher staffing levels, and funding for nursing homes would have to increase. Advocates say the … [Read more...]

Legislature takes bite out of “one free bite rule.”

One “free bite rule” had been an erroneous law that for many years deterred bite victims from proper compensation because the victim could not prove that the owner has actual or constructive knowledge of the dog’s vicious propensities.  However, in 2007 Tennessee established strict liability for certain dog bite injuries but not others. The Dianna Acklen Act of 2007 (T.C.A. sec. 44-8-413) provides statutory liability for dog bites under specific circumstances. Subdivision (a) creates a two-part … [Read more...]

Medical spas: Danger or therapy?

Laser treatments being performed at medical spas nationwide is a growing source for alarm among consumers receiving laser procedures. Laser hair removal procedures are being done by individuals who may not have any medical expertise and may not be properly trained in the use of lasers. Furthermore, such individuals are not supervised by a physician or nurse licensed by the State of Tennessee. They are poorly paid and receive limited training either by the laser manufacturer or medical spa. … [Read more...]

Medical Battery: Did you know and consent ?

Many victims arising from the negligence of a physician does not always sound in medical malpractice but rather intentional tort.  The Supreme Court recognized the intentional tort of medical battery in Blanchard v. Kellum, 975 S.W.2d 522 (Tenn. 1998).  In Blanchard, the court observed that in cases where “a doctor performs an unauthorized procedure,” a medical battery has occurred, but when “the procedure is authorized but the patient claims that the doctor failed to inform the patient of any … [Read more...]

Medical Spas: Medical or Aesthetic?

Many people have a wide array of procedures to choose from for the purpose of improving their appearance.  The distinction between the two is not separated by a bright line rule for any reasonable individual to decipher.  Day spas typically offer traditional non-invasive beauty treatments such as facials, body massages, reflexology, aromatherapy, etc.  Medical spas offer invasive an non-invasive aesthetic procedures under the supervision of a physician, such as chemical peels, laser hair … [Read more...]

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