Legislature takes bite out of “one free bite rule.”

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 Acklen Act of 2007 (T.C.A. sec. 44-8-413) provides statutory liability for dog bites under specific circumstances. Subdivision (a) creates a two-part … [Read more...]

Medical spas: Danger or therapy?

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 a physician or nurse licensed by the State of Tennessee. They are poorly paid and receive limited training either by the laser manufacturer or medical spa. … [Read more...]

Medical Battery: Did you know and consent ?

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 has occurred, but when “the procedure is authorized but the patient claims that the doctor failed to inform the patient of any … [Read more...]

Medical Spas: Medical or Aesthetic?

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 offer invasive an non-invasive aesthetic procedures under the supervision of a physician, such as chemical peels, laser hair … [Read more...]

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