According to a new CDC study published in the Morbidity and Mortality Weekly Report (MMWR), an estimated 234,000 people ages 15 and older were treated in U.S. emergency departments (ED) in 2008 for injuries that occurred in bathrooms. Four out of 5 of these injuries were caused by falls—which can have especially serious consequences for older adults. Almost one-third (30 percent) of adults aged 65 and above who were injured in bathrooms were diagnosed with fractures. Among adults aged 85 and … [Read more...]
Choice of Law on Tennessee (Torts) Personal Injury Cases
May 26, 2013 by
If you sustain a personal injury in a particular state, it is commonly thought and expected that the law of that state (forum) will apply. It is common for a choice of law issue to arise before a trial court where the forum is not the state of where in the personal injury occurred. In Hataway v. McKinley, 830 S.W.2d 53 (Tenn. 1992), Grady Hataway died as a result of injuries he sustained during a scuba dive in a North Little Rock, Arkansas, rock quarry. The dive was supervised by the … [Read more...]
What is difference between separate property and marital property?
April 3, 2013 by
In making its division of property, the trial court must first classify the property as either separate or marital property, pursuant to Tenn. Code Ann. § 36-4-121(b). Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). This distinction is important because Tenn. Code Ann. § 36-4-121(a) provides for the distribution of marital property only. The character of whether the asset or debt is separate or marital is crucial in the proper equitable division of the same. Separate property or … [Read more...]
Divorce mediation required in Tennessee?
March 29, 2013 by
In Tennessee, adjudication of a divorce can occur in two ways. You and your spouse and enter into a marital dissolution agreement whereby division of debts and assets are agreed to. If a marital dissolution agreement cannot be accomplished then a trial must occur before the circuit or chancery court. However, prior to having a final trial a mediation between you and your spouse must occur by a "rule 31" mediator. The Tennessee legislature enacted T.C.A. 36-4-131(a) where each party of a … [Read more...]
Welcome to my family law blog.
March 29, 2013 by
Welcome to my family law blog where I plan to post interesting points of law and fact patterns that may assist you in your research of a particular issue or question you may have. Family law is an emotional arena where emotional issues of relationships and welfare of children are fought for and adjudicated. If I may be of assistance to you with a personal consultation, please feel free to contact our office. … [Read more...]
Patients exposed to epidural with meningitis fungus but have no physical symptoms have an emotional distress claim
October 24, 2012 by
Well it appears that for one prospect I have who was subject to the epidural injection steroid causing meningitis but presents no physical symptoms still will have a claim for negligent infliction of emotional distress or maybe even intentional infliction depending on the proof from the centers for disease control investigation. Looks like we are going to file suit a in a few weeks or a couple of months to await symptoms on at least the emotional distress claim. The fear of possible meningities … [Read more...]
New England Compounding Center recalls product as cause of meningitis breakout
October 9, 2012 by
The FDA Public Affairs director, Erica V. Jefferson, stated that, they are “working with several state health departments and the Massachusetts Board of Pharmacy on this issue and is still investigating the scope and cause of the outbreak of fungal meningitis.” On September 26th the New England Compounding Center voluntarily recalled three lots of Methylprednisolone (PF) 80mg/ml Injection produced at the Center. The lot numbers included in the recall are: Methylprednisolone Acetate … [Read more...]
Meningitis Outbreak in Middle Tennessee – Victims should call an attorney before time runs out.
October 9, 2012 by
Victims of meningitis on the rise and it is imperative they contact an attorney immediately before time runs out. The Centers for Disease Control and Prevention updated the count on Monday, saying 105 cases in a deadly meningitis outbreak had been reported nationwide, with eight deaths. In Tennessee, health officials said the number of cases increased by three to 35, with four deaths. A rare outbreak of fungal meningitis linked to steroid injections has claimed three more lives and New … [Read more...]
Creating safe medication prescribing processes
December 27, 2011 by
Patient Safety Recommendations Creating safe medication prescribing processes and systems is a critical component in reducing the risk of adverse drug events and medication errors. For physicians working in an ambulatory clinical delivery setting and prescribing controlled substances and nonscheduled medications, important aspects of prescribing processes include the following: Conducting a thorough examination of the patient prior to prescribing medications or renewing prescriptions, … [Read more...]
Announcing new association with constitutional rights firm on police abuse matters
December 15, 2011 by
Our firm is proud to announce that we have associated with a notable constitional law firm specializing in the area of section 1983 litigation concerning police abuse and discrimination matters. While most police officers are honorable professionals respcting our constitutional rights, there are a minority that infringe on such rights with impunity. We are in the process of filing two major law suits in federal court against two police departments in the immediate area. It is unfortunate that … [Read more...]
