Tennessee Injury Law Center

January 15, 2013

Carbon Monoxide Poisoning At Drexel Prep in Nashville Latest in Series of Similar Incidents in Schools

Drexel Preparatory Academy in Nashville saw some three dozen students from its school being treated for carbon monoxide poisoning and will be closed on Tuesday, January 15, 2013.

Often called “the silent killer,” carbon monoxide is a colorless, odorless and tasteless toxic gas produced by incomplete combustion in fuel-burning devices such as furnaces, boilers and heaters for water and swimming pools. One news report indicates that the site of the Drexel leak is the central heating and air unit.

The incident at Drexel follows a rash of other carbon monoxide exposure events in other schools, including a recent incident at Finch Elementary School in Atlanta, where over 500 people were evacuated and some 49 were hospitalized.

January 9, 2013

Pedestrian Deaths in Tennessee Can Be Avoided

by The Law Offices of John Day, P.C.

A shocking number of pedestrians – 67 – died in Tennessee accidents in 2012, according to a report prepared by the Tennessee Highway Patrol that gave details on the number of motor vehicle accident deaths in Tennessee for the entire year.

Although the law protects pedestrians who cross the street in crosswalks, every adult pedestrian has the legal responsibility to exercise care for his or her safety. Likewise, drivers have the responsibility to be on the lookout for pedestrians and to exercise reasonable care to avoid striking them.

How can pedestrians avoid becoming injured or killed by motor vehicles? Follow these tips:

January 8, 2013

Heart Attack During or Immediately After Dialysis

by The Law Offices of John Day, P.C.

A recent product recall is causing some families to investigate why their loved one died during dialysis treatment.

The Food and Drug Administration has ordered the recall of several products that are used during dialysis. The drugs have been linked to a condition known as metabolic alkalosis, which is a high serum bicarbonate level in the blood. Metabolic alkalosis can cause heart problems, cardiac arrest, stroke and death.

If your loved one died during or immediately after dialysis, it is important that you call a dialysis-death attorney as soon has possible. Tennessee law has a very short deadline for bringing this type of case, and unless you act promptly whatever rights you may have will be lost.

January 7, 2013

What is a “Health Care Liability Case” in Tennessee?

by The Law Offices of John Day, P.C.

In 2010 the Tennessee General Assembly adopted the phrase "health care liability action" to encompass virtually all types of claims against health care professionals. This claims include all claims formerly known as "medical malpractice" or ‘medical negligence" cases.

The Legislature took this action because it was unhappy with a decision of the Tennessee Supreme Court that made certain ministerial acts by certain health care providers regular negligence rather than medical negligence cases. The practical impact of the court’s ruling was to reduce the cost of bringing certain types of cases, particularly in some of the cases involving nursing homes, because it eliminated the need for expert testimony in those cases. The Legislature intended to make it more difficult (expensive) to bring these lawsuits, so it broadened the definition of "medical malpractice" and "medical negligence" and then changed the name of this type of case to "health care liability" cases.

This action was one of multiple actions taken by the Tennessee General Assembly to make it more difficult for patients to file valid claims against Tennessee hospitals, nursing homes, doctors, nurses and other health care providers. All of these actions combined have resulted in a drop in the number of such cases by almost 50%.

January 6, 2013

Tennessee Highway Deaths Increase by 8% in 2012

by The Law Offices of John Day, P.C.

Seventy-nine (79) more people died on Tennessee highways in 2012 than the total deaths reported in 2011, according to figures released by the Tennessee Highway Patrol.

Some 1016 people died on Tennessee highways in 2012, compared with 937 deaths in 2011.

Here are more statistics from the Tennessee Highway Patrol’s report:

January 5, 2013

Drowsy Drivers Cause Injuries and Deaths on Tennessee Highways

by The Law Offices of John Day, P.C.

Sleepy drivers pose a hazard on Tennessee roadways, not only to themselves put also to others using the roadway. Drowsy drivers pose a risk to drivers of cars, trucks, motorcycles, bicycles and even pedestrians on Tennessee roads.

Drowsy drivers cause 2.5% of fatal motor vehicle crashes and 2.0% of all crashes, according to a study conducted by the National Highway Traffic Safety Administration (NHTSA). Techniques to stay awake while driving, such as turning up the radio, opening the window, and turning up the air conditioner, have not been found to be an effective way of preventing crashes.

A recent study by the Centers for Disease Control (CDC) included a survey of drivers in 19 states and the District of Columbia. In this study, 4.2% of drivers admitted to falling asleep while driving in the last 30 days. Sleepy driving decreased with age. The participating state with the highest percentage of people who admitted to falling asleep while driving was Texas (6.1%). Persons who reported snoring or usually sleeping ≤6 hours per day were more likely to report falling asleep while driving.

December 19, 2012

New Rules For Where Individuals Can Be Sued in Auto Accident Cases in Tennessee

by The Law Offices of John Day, P.C.

A high percentage of Tennessee car accident cases are settled before a lawsuit is filed. However, if a lawsuit is necessary, there are new rules about where a lawsuit against an individual sued in a Tennessee automobile accident case be filed.

Under the new rules, an individual can only be sued in the county where the car accident occurred or in the county where the person who caused the car accident resides. (Note: different rules apply for claims against corporations and other legal entities.)

So, if a person is injured in a Williamson County, Tennessee car accident and the wreck was caused by a Davidson County, Tennessee driver, a lawsuit could be filed in either county.

December 18, 2012

Tennessee Lawsuits Arising in Death From Failure to Diagnose and Prevent Pulmonary Embolism

by The Law Offices of John Day, P.C.

The failure to take appropriate steps to prevent a pulmonary embolism or the failure to diagnose a pulmonary embolism may constitute medical malpractice.

People with the following conditions are at risk for pulmonary embolus:

Patients who have undergone a surgery lasting more than 2 hours.

Patients who have experienced prolonged immobility ranging from bed rest to long journeys in cramped conditions.

Patients who are dehydrated

Patients with heart disease

Women who are pregnant

Cancer patients

Patients who smoke

Patients who are overweight

Patients who use supplemental estrogen

December 17, 2012

Nashville Operating Room Fire Prevention

by The Law Offices of John Day, P.C.

Most people are shocked to learn that people can catch on fire in an operating room. However, several hundred operating room fires occur every year. True, the odds of being involved in an operating room fire are quite small (there are 28 million surgeries per year) but the consequences of a fire in the operating room can be significant for the patient who happens to be involved.

Readers will find this article about operating room fire prevention to be very interesting. Here is an abstract of the article:

Operating room fires are a rare but preventable danger in modern healthcare operating rooms. Optimal outcomes depend on all operating room personnel being familiar with their roles in fire prevention and fire management. Despite the recommendations of major safety institutes, this familiarity is not the current practice in many healthcare facilities. Members of the anesthesiology and the surgery departments are commonly not actively involved in fire safety programs, fire drills, and fire simulations that could lead to potential delays in prevention and management of intraoperative fires.

December 16, 2012

1 out of 4 Drivers on Tennessee Highways Have No Insurance

by The Law Offices of John Day, P.C.

Recent data suggests that 24% of Tennessee drivers do not have liability insurance on their vehicle.

Liability insurance exists to make monetary payments to those who are injured as a result of a negligent error by a person who has the insurance. Tennessee state law requires every driver to have liability insurance, but it appears that almost 1 out of 4 drivers is violating this law.

What does this mean? It means that if you are in an automobile accident that is not your fault you will have to bear financial responsibility for your medical bills and loss of income unless the at-fault party happens to have personal financial resources. You will also receive no payment for any pain, suffering, disfigurement or loss of enjoyment of life you experience in the accident.