Tennessee Injury Law Center

February 2, 2013

Consumers Doing Legal Research on the Internet

The National Conference of State Legislators has a list of the laws of each state that addresses whether carbon monoxide detectors that will help prevent carbon monoxide poisoning are legally required by statute.

This list of laws should be a starting place, not an end point, for research. For example, the list does not include a new law in Tennessee that mandates the use of functioning carbon monoxide detectors in certain recreational vehicles. Likewise, it is possible that state regulations (not statutes) and local ordinances can require the use of carbon monoxide detectors in certain settings. More importantly, the fact that a statute or ordinance does not require carbon monoxide detectors does not mean that the duty to use reasonable care may not require them under the circumstances.

The NCSL’s website is just one example of the limitations of attempting to do legal research on the Internet. I encourage consumers to educate and thus empower themselves by any means, including Internet research, but if you have a true legal issue that will materially affect you please consult with a qualified lawyer.

January 31, 2013

Why Is It So Difficult to Find a Lawyer to Handle a Dental Malpractice Case?

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

I have represented patients in medical malpractice (now called health care liability) cases in Tennessee or over 31 years. I have represented patients against a wide variety of health care providers, from pathologists to neurosurgeons, hospitals to nursing homes, dialysis centers to public health clinics. I have had relatively few cases against dentists, and relatively few dental malpractice cases are filed in Tennessee. Why are there so few dental malpractice cases?

Because most "errors" by dentists result in problems that do not give rise to a major medical issue that justifies the time and expense of litigation. Most cases involve a single lost tooth, nerve damage that is uncomfortable but not disfiguring or has a significant impact on life, or similar issues. I am not minimizing these injuries – I am simply saying that this type of injury frequently does not rise to the level that justifies the time and expense of a professional liability lawsuit.

Professional liability lawsuits are aggressively defended. Expensive experts are required in virtually every case. These factors impact the ability and willingness of lawyers to accept cases with minor injuries.

January 30, 2013

Jury Trials in Personal Injury Cases in Circuit Court in Nashville, Davidson County, Tennessee in November 2012

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

There were two personal injury jury trials in Nashville and Davidson County, Tennessee in November 2012.

One trial was an automobile case that resulted in a jury verdict of $10,762. The second case also involved an automobile accident. The jury verdict in that case was $2500.

The number of jury trials in November was slightly below normal. Typically, there are between three and four jury trials per month in the Circuit Courts of Nashville and Davidson County.

January 29, 2013

What Are the “Case Expenses” Charged By Lawyers Who Accept Personal Injury and Wrongful Death Cases on A Contingent Fee Basis?

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

Lawyers who work on personal injury and wrongful death cases in Tennessee and other states often work on a contingent fee. These lawyers also often include a provision in the fee agreement with a client that addresses the subject of litigation expenses. This post addresses the topic of litigation expenses, and will educate potential personal injury and wrongful death clients what types of litigation expenses they will be asked to pay.

At the outset it is important to remember that the fee agreement with the lawyer controls the amount and basis of the attorney fee and will address the subject of litigation expenses. The vast majority of personal injury and wrongful death lawyers advance all litigation expenses and expect that the litigation expenses will be repaid at the end of the case if the case is successful. Some lawyers advance litigation expenses and expect to be repaid the expenses whether or not the case is successful. Other lawyers do not advance the expenses of litigation or will agree to fund only a certain amount of litigation expenses.

Litigation expenses often include the following types of expenditures:

January 15, 2013

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

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

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.