In the course of my personal injury and workers compensation practice, clients often disclose to me prior to retaining our firm that their physicians refuse to provide medical records or delay production. In Tennessee, patients have a variety of rights in their medical care. A paramount right is access to your medical records. Physicians in Tennessee can me sanctioned and fined by the Tennessee department of health for not complying with the law. Physicians and hospitals in Tennessee are … [Read more...]
Must court approve jury award of punitive damages?
August 8, 2013 by
"After a jury has made an award of punitive damages, the trial judge shall review the award, giving consideration to all matters on which the jury is required to be instructed. The judge shall clearly set forth the reasons for decreasing or approving all punitive awards in findings of fact and conclusions of law demonstrating a consideration of all factors on which the jury is instructed." Hodges v. S.C. Toof & Co., 833 S.W.2d at 902. After a jury awards punitive damages, it is … [Read more...]
Fall Risks for Older Adults
June 17, 2013 by
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...]
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...]
Softball Catcher Held to Assume Risk of Injury From Collision at Plate
December 15, 2011 by
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...]
