There are several types of damages in wrongful death cases. If the case is successful, the survivor(s) can recover damages for medical bills, funeral expenses, loss of earning capacity (reduced by personal maintenance expenses) and loss of the loss, society and affection of the decedent. For cases arising on or…
For Tennessee personal injuries occurring on or after October 1, 2011, damages for pain, suffering, loss of enjoyment of life, disfigurement, and all other intangible losses are limited to $750,000. There are a couple of exceptions for certain defined "catastrophic" losses, such as spinal cord injuries resulting in paraplegia and…
I was injured by a medical error almost a year ago and I have been told that I must bring my claim within the next five days or I will lose my rights. I have called lots of lawyers and none of them will even look at my case –…
Here are the results from the jury trials in Nashville, Davidson County, Tennessee Circuit Court in October 2011: Health Care Liability ( Medical Malpractice) – 3 trials, two defense verdicts, one hung jury Slip and Fall …
I have a lawsuit pending and my lawyer says that the other side has filed something called a "motion." What is a motion? A motion is a request by a party to the lawsuit to have the court rule on some issue. A motion is a way of…
I have heard that a "certificate of good faith" must be filed with a medical malpractice lawsuit in Tennessee. What is that? A "certificate of good faith" is a written promise signed the attorney representing the patient that he or she has consulted with appropriate experts who are qualified…
I have heard that formal notice must be given to each person who is to be sued in a medical malpractice case. What is that all about? Usually, a lawsuit is started with the filing of a summons and a complaint. A summons is issued by the court and…
A dog attacked me while I was riding my motorcycle down a public highway and caused me to crash. Can I sue the owner of the dog? Yes. Under Tennessee law a dog owner has a duty to get his or her dog under reasonable control. If a property…
We wrote about fires in the operating room just a few weeks ago. Now, it has happened again, this time to a woman who has having surgery in a Florida operating room. Our earlier post about operating room fires contained lots of information how the 650 or so operating room…
Instant soups are causing serious burn injuries, particularly to children. A recent report by NPR reveals that instant soups are dangerous because of the way the cups are designed. The cups are tall, lightweight, and have an unstable base that makes them tip over easily. NPR "learned that [burns from…