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Articles Posted in Medical Malpractice (Health Care Liability)

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A recent New York Times article discussed how the health care industry was attempting to teach medical professionals the art of “radical listening”.   What is radical listening?   And why is it so important especially for professionals like doctors and lawyers. Continue reading

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Let’s face it, the pandemic is leaving an indelible mark on almost everything, so there is no reason to believe jury awards in injury and death cases will be any different.  Jury and trial consulting firms have been conducting surveys since the inception of the pandemic and they have some theories on how the pandemic will affect the amount of jury awards, how it will impact medical malpractice cases and whether it will generally be better for the defendant or the injury victim.

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You may have heard this phrase on advertisements by lawyers or on a TV show, but what does it mean and, more importantly, if you have an injury case, how do you prove it?  Pain and suffering is exactly what it sounds like: it is the pain and problems you have encountered following an accident.  While it is related to your medical treatment it is a distinctly different item of damages and is entitled to separate compensation, but there is not a mathematical formula for calculating it.  So, if you have sustained a serious injury after an accident that was not your fault, you need an experienced injury lawyer to help you prove your pain and suffering to an insurance company, a jury or a judge so that you can maximize your compensation.  Read on to understand the basics of this part of your injury case. Continue reading

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Right now on Amazon, for $18.95, you can buy a large neon yellow sign with bold black lettering that that reads: “Not responsible for cars or personal property lost or stolen or for injury to persons, car or personal property on premises.”   Just imagine, for less than $20, you can insulate yourself from all liability to anyone for anything.  Why doesn’t everyone have one?  Attempting to avoid blame or responsibility is nothing new.  As my husband has aptly stated, Adam blamed Eve and Eve blamed the serpent.  But can individuals and businesses avoid responsibility for the harm they cause by simply posting a sign or having folks sign a broadly-worded release? Continue reading

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Well, we could all certainly use some more beauty in our lives these days.  We often think of beauty as a physical attribute but it is so much more.  Kindness is beautiful, justice is beautiful, truth is beautiful, courage is beautiful and so many more things.  In honor of National Make Life Beautiful Day, we wanted to announce another give-away from our office.  On June 27th, we are going to be giving away 1,000 washable cloth masks from the parking lot of our Murfreesboro office.  Just drive through and get a free mask.  More details are below.  In addition, below are some easy suggestions on how you could make life beautiful tomorrow, and we would love for you to comment with some suggestions of your own. Continue reading

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At this time of year, especially with a shortened season between Thanksgiving and Christmas, it is easy to feel overwhelmed.  Shopping, wrapping, addressing, baking and all the other things that need to be squeezed into our already busy schedules can become stressful.  But it is important to take a step back, take a deep breath and realize that this type of overwhelmed is rooted in something joyful.  We buy the presents, send the cards, bake the cookies, etc. because it is part of a season of joy and festivities.  But, there is another type of overwhelmed. Continue reading

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After heart disease and cancer, accidents are the number three cause of death in the United States.  Of course, accidents is a broad category that encompasses a lot including medical malpractice.  In fact, more than 250,000 people die each year from surgical errors and other medical negligence.  So what is medical negligence?  Many folks think that if they have a bad outcome then someone must have committed malpractice, but actually that is not correct.   Here are 5 basic facts you need to know about medical malpractice. Continue reading

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The New York Times published an article this week detailing how many hospitals, one of which is in Tennessee (LeBonheur Children’s Hospital in Memphis), have started suing their patients by the thousands for unpaid medical bills.  Many of the patients had insurance and the hospitals were suing for deductibles and co-pays.  According to the article, more than half of the reports to credit bureaus were a result of unpaid medical bills.  Of course, in addition to the cost of litigation and the underlying medical bill, this affects people’s credit rating and overall financial health.  Consider this from a study by the Commonwealth Fund:

43 percent had used up all their savings to pay their (medical) bills, 43 percent had received a lower credit rating as a result of their debt, 32 percent racked up debt on their credit cards, 18 percent said they had delayed education or career plans. People with lower incomes were particularly affected: 37 percent said they were unable to pay for basic necessities like food, heat or rent as a result of their (medical) bills.

Clearly, medical bills can be devastating to many families – even those with medical insurance.  So how does this relate to a car accident or other injury-producing accident? Continue reading

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At The Law Offices of John Day, P.C., we have two intake specialists, Penny Whitaker and Lauren Bates. When people call into the offices for a free consultation, Lauren and Penny take the basic accident information for a free review by one of our award-winning attorneys. Let me say, Penny and Lauren do a great job; they understand that when people call our office they are often confused about their rights and options, scared about what the future may bring and looking for help. And, we desperately want to help. But all too often, we can’t and that is where the disappointment comes in. This is never truer than when someone did do something wrong and injuries or death resulted. Let me explain. Continue reading

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According to recent estimates, more than 1.5 million people in the United States are killed, injured or sickened each year by errors in prescribing, dispensing and taking medications. As a patient, there are steps you can take to avoid being injured, and advocate for your own health. To help avoid drug errors, consider following these precautions the next time you visit your doctor or pharmacist:

At your doctor’s office:

  • Make a list of the medications you’re currently taking, and their dosage. Be sure to include any
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