David Cole, the primary appellant, was injured while catching during a father-son game of softball at a Cub Scout outing when a baserunner collided with him at home plate. As Wagner reached home plate, he collided with Cole, who had moved on top of the plate, thereby placing his body directly in the baseline. Wagner was running so fast that he was unable to stop or change directions in time to avoid Cole. Upon impact, Wagner flipped in the air and landed on a bat, breaking a rib. Cole … [Read more...]
Drinking and Driving: A Threat to Everyone
December 9, 2011 by
US adults drank too much and got behind the wheel about 112 million times in 2010. Though episodes of driving after drinking too much ("drinking and driving") have gone down by 30% during the past 5 years, it remains a serious problem in the US. Alcohol-impaired drivers* are involved in about 1 in 3 crash deaths, resulting in nearly 11,000 deaths in 2009. Driving drunk is never OK. Choose not to drink and drive and help others do the same. People who drink and drive put everyone on the road in … [Read more...]
Premature babies have higher risk of death in young adulthood, study finds
October 31, 2011 by
A new study published in the American Journal of Medicine has found that premature babies have a higher risk of death in early adulthood than babies born at full term. The study, conducted by Dr. Casey Crump of Stanford University, used Swedish medical records to track 674,820 births. Of these 4.1%, 27 667 babies, were preterm (37 weeks or less of gestation) births. In addition to the long-term risks, premature deliveries may result in serious infections, pneumonia, jaundice, meningitis and … [Read more...]
Increase in traumatic brain injuries with youth sports related concussions
October 31, 2011 by
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...]
