Did your Doctor Have Permission ? Were You Properly Informed?

As a patient in Tennessee receiving medical care, you are entitled to be properly informed and/or warned about scope and/or risks of treatment.  This is referred to as "informed consent" within the legal and medical community.  The matter of Shadrick v. Coker, 963 S.W.2d 726 involved an issue of whether a physician properly informed the patient of the scope of a surgical procedure and if patient provided informed consent.  The issue for the Tennessee Supreme Court was whether the plaintiffs, … [Read more...]

How do I get an orthopedic referral?

If you are an employee who has been subject to a injury workplace involving strenuous physical activity, you are likely presenting symptoms of an orthopedic injury.  Your C-42 panel very likely limited your choice of three physicians to urgent care facilities or a primary care physician and one chiropractor.  Upon presenting to your primary care physician, you are likely further subjected to conservative treatment of physical therapy and steroid injections.  That MRI you may or may not know … [Read more...]

C-42 Workers compensation panel cannot include physicians associated in same practice.

The insurer for employers will often provide the C-42 panel of three physicians required by statute who are associated together in the same practice.  They do this particularly when the injured employee is not represented by an attorney.  The insurance companies are familiar with physician practices who are consistently conservative in their treatment and impairment ratings which translates into less being paid out on claims.  This provides for less diagnostics being provided to injured … [Read more...]

Mental Injuries in the workplace: Am I covered?

In 2008, our firm had the pleasure of representing a woman who was employed where many financial transactions took place and cash passed back and forth.  The established was robbed and our client was placed into a large safe and held at gun point.  Her life was threatened if she called the authorities.  The client was traumatized and suffered serious mental injury such that she could not depart her residence for fear of her life.  The employer instructed her to return within three days and she … [Read more...]

Do step parents have visitation rights in Tennessee?

The answer is yes.  Step parents in Tennessee do have visitations rights under certain circumstances but such rights are not entitled automatically.  T.C.A. 36-6-603 set out the following: (a) In a suit for annulment, divorce or separate maintenance where one (1) party is a stepparent to a minor child born to the other party, such stepparent may be granted reasonable visitation rights to such child during the child's minority by the court of competent jurisdiction upon a finding that such … [Read more...]

What is difference between separate property and marital property?

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...]

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We handle personal injury, bankruptcy, divorce, immigration, workers compensation, and social security claims from all across Middle Tennessee, including Music City, Murfreesboro, Franklin, Brentwood, Clarksville, Columbia, Spring Hill, Manchester, McMinnville, Hendersonville, Gallatin, Springfield, Dickson, Fairview, Lebanon, Mount Juliet, Columbia, Shelbyville, Cookeville, Lavergne and Antioch, as well as the counties of Davidson, Williamson, Rutherford, Montgomery, Robertson, Maury, Wilson, Sumner, Cheatham, Dickson, Hickman, Giles, Smith, Trousdale, and Macon.