CDC finds 60 percent increase in youth athletes treated for TBIs Greatest numbers of visits caused by bicycling, football, and playground activities Emergency department visits for sports– and recreation–related traumatic brain injuries, including concussions, among children and adolescents increased by 60 percent during the last decade, according to a report by the Centers for Disease Control and Prevention. CDC experts believe much of the increase occurred because more adults realized the … [Read more...]
20 factors to determine if worker is an employee or independent contractor
October 30, 2011 by
1. Instructions. A worker who is required to comply with another person's instructions regarding when, where and how to perform the work is ordinarily an employee. 2. Training. Training a worker indicates that the company wants the services performed in a particular method or manner, which also indicates control. 3. Integration. Integration of the worker's services into the company's core business operations generally shows that the worker is subject to direction and … [Read more...]
Drinking and driving does pay: You will pay for it !
October 20, 2011 by
If you are going to drink and drive then you should consider the following. Drunk driving or driving while under the influence of alcohol or a controlled substance is against the law. Tennessee law will not permit a criminal to profit from his criminal act. Insurance companies have a clause in most automobile insurance policies that prohibit an insured from receiving a judgment or money for injur...ies that occurred in an automobile accident caused by drunk driving. A drunk driving exclusion is … [Read more...]
Survive a hospital stay and avoid deadly medical mistakes
October 20, 2011 by
Below is a great article in Tennessean on surviving a hospital stay and not being one of 500,000 that die anually. http://www.tennessean.com/article/20111018/LIFE03/310180046/Surviving-hospital-stay?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cs … [Read more...]
10 Ways to prevent medical errors
October 20, 2011 by
10 Ways to prevent medical errors: 1. Expect mistakes and have an advocate with you in the hospital. 2. Check every medicine. Make sure the dose is right. 3. Be assertive. “Being nice can get you killed.” 4. When in doubt, say no. Demand an explanation. 5. Be vigilant during transitions, from one floor to another, or when shifts change. 6. Alert the nurse or “rapid response team” if something seems wrong. 7. When discharged from the hospital, get detailed instructions and contact … [Read more...]
New Tennessee Supreme Court Opinion on the Family Purpose Doctrine
September 13, 2011 by
New Tennessee Supreme Court Opinion on the Family Purpose Doctrine The Tennessee Supreme Court issued its opinion in Starr v. Hill, No. W2009-00524-SC-R11-CV (Tenn. Aug. 31, 2011). The opinion is a must-read if you are doing research on the family purpose doctrine in Tennessee. Here is the summary of the opinion: A father and his sixteen-year-old son were sued after the son was involved in an accident while driving a vehicle owned, insured, and provided to him by his father. The basis … [Read more...]
Ordinary Negligence Claim in a Healthcare Setting
September 13, 2011 by
Ordinary Negligence Claim in a Healthcare Setting Monday the Tennessee Court of Appeals (Middle Section) released its opinion in Vice v. Elmcroft of Hendersonville, No. M2010-01148-COA-R3-CV (Tenn. Ct. App. Aug. 22, 2011). The summary at the beginning of the opinion states as follows: The daughter of an eighty-seven year old woman was looking for an assisted living facility for her mother, who was suffering from dementia. Elmcroft of Hendersonville assured the daughter that it could care for … [Read more...]
Supreme Court opinion on locality rule: what does “similar community” mean?
September 13, 2011 by
Medical Malpractice: New Tenn. Sup. Ct. Opinion on the Locality Rule The Tennessee Supreme Court just issued its opinion in Shipley v. Williams, No. M2007-01217-SC-R11-CV (Tenn. Aug. 11, 2011). Here's the summary from the opinion: In medical malpractice actions, Tennessee adheres to a locality rule for expert medical witnesses. Claimants are required by statute to prove by expert testimony the recognized standard of acceptable professional practice in the community where the defendant … [Read more...]
Fine needle aspiration pathological biopsies can take wind out of your sail.
August 3, 2011 by
Our firm is currently litigating a cancer misdiagnosis action against a large Nashville hospital and two surgical pathologists. Client undergoes two fine needle aspiration biopsies and pathologist renders diagnosis of lung cancer (non small cell carcinoma). Relying upon this pathological diagnosis, vascular surgeon proceeds with a right upper lobectomy which removes the entire right upper lobe of client's lung. A post operative review of a lung tissue resection renders a negative report for … [Read more...]
Doctors license placed on probation for five years.
December 24, 2010 by
Our firm recently assisted a patient who directly filed a complaint with the Tennessee Board of Health and Examiners regarding a mal practice action we filed in the trial courts. The doctor clearly admitted by signing a consent decree that he was culpable for negligent supervision of a medical assistant who negligently performed a laser procedure causing third degree burns. This doctor is know as a medical director for four practices with limited attendance and supervision. Our firm advocated … [Read more...]
