Tennessee Injury Law Center

January 7, 2013

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

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.

December 14, 2012

Alcohol Impaired Automobile Accidents Decline in United States

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

The National Highway Traffic Safety Adminstration has found that alcohol-impaired-driving fatalities declined by 2.5 percent in 2011 (Table 3), accounting for 31 percent of overall fatalities. The number of Tennessee deaths caused by drunk drivers is not yet available.

An alcohol-impaired-driving fatality is defined as a fatality in a crash involving a driver or motorcycle rider (operator) with a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or greater. The number of alcohol-impaired drivers in fatal crashes declined for most vehicle types with the largest decline among drivers of large trucks (16%) and vans (9.8%). Fatal crashes involving alcohol-impaired motorcycle operators increased by 8.6 percent—the only category of drivers by vehicle type with an increase in alcohol impaired crash involvement.

The total death on our nation’s highways were 32,367, and 9878 of those deaths were found to be related to people impaired with alcohol.

December 14, 2012

Texting and Use of Cell Phones Are Killing People on Our Highways

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

The federal government has determined that 3,092 people died last year in "distraction-affected" crashes, a newly refined measurement meant to tally the effect of texting, phoning or simply answering a call while driving.

The report did not break down the data by state, but Tennessee has about 2% of the country’s population and therefore it is reasonable to assume that about 60 people in Tennessee died in such accidents.

Click on the link to learn more about the perils of distracted driving in Tennessee.

December 13, 2012

Tennessee Automobile Crash Deaths Decline in 2011 But Are Back Up in 2012

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

The National Highway Traffic Safety Administration has finished a review of 2011 motor vehicle accidents and concluded that the death rate in Tennessee automobile accidents decreased by 8.3% for that year.

In 2010, 1032 people died on Tennessee roads. In 2011, the number dropped to 946. This means that 86 lives were spared in 2011.

However, 2012 is not looking good. As of December 12, 2012, 957 people had already died on our state’s roads, more than in all of 2011. It appears that our death rate will come close to what it was in 2010.