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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]