Recent Blog Posts
TN Court Revives Lawsuit Against Jailhouse Doctors Over Patient Death
There are far too many cases in Tennessee where people lose a family member due to improper institutional care, such as nursing home neglect and abuse. This is especially true when it comes to individuals with serious medical issues who are incarcerated in local jails. Police are quick to arrest a drug addict for… Read More »
Is a Building Owner Liable if a Construction Subcontractor Is Injured?
In Tennessee, property owners are generally liable if they fail to “exercise reasonable care” to prevent personal injury to individuals who are lawfully on the premises. This includes any people who are performing contracted work on the property. Indeed, Tennessee law expressly guarantees employees of independent contractors working on the premises the right to… Read More »
FDA Issues Class I Recall for Jaundice Meters
While defective drugs that produce life-threatening side effects often get the bulk of public and media attention, it is important not to overlook the critical harms posed by defective medical devices. In particular, when a diagnostic device produces inaccurate or misleading readings, it can lead doctors to prescribe in an inappropriate course of treatment…. Read More »
What Happens If My Employer Violates an Agreement to Pay Medical Benefits Under Workers’ Compensation?
Obtaining workers’ compensation benefits is a struggle for many Tennessee employees. Although the law is designed to provide no-fault benefits to injured workers, some employers balk at paying for legitimate medical expenses incurred as the result of on-the-job injuries. When this happens, the employee must make the effort to force the employer’s hand in… Read More »
Should I File My Personal Injury Claim in State or Federal Court?
One of the questions we often get related to personal injury claims is whether you need to file your case in state or federal court. As a general rule, it is often to a plaintiff’s advantage to file in state court, especially if the defendant is a person or company who resides outside of… Read More »
Is a Store Liable if I Sit on a Broken Chair?
When you enter a store or other public business, the owner has a legal responsibility to ensure the premises are in a reasonably safe condition. But this does not mean a business owner is an absolute insurer of your safety. To the contrary, Tennessee law generally holds an owner liable when it has “superior”… Read More »
Can I Ask the Judge for Additional Damages If I Disagree with the Jury’s Verdict?
Although personal injury cases are typically decided by a jury in Tennessee, there are situations where jurors award too little in damages to fully compensate the victim. In such cases the trial judge has the authority, at least under state law, to either order a new trial or increase the amount of the jury’s… Read More »
West Virginia Judge Refuses to Toss Pradaxa Lawsuit
Even when a drug is approved as safe and effective for sale in the United States, manufacturers must still take steps to ensure their products are accurately labeled. This includes disclosing any known potential side effects or contraindications that would make the drug dangerous–even fatal–for certain patients and treatment situations. Unfortunately, far too many… Read More »
What Is a Commercial Truck Driver’s Responsibility When Navigating a Parking Lot?
Commercial truck drivers need to exercise special caution when operating their tractor-trailers in parking lots and other area where pedestrians travel. A truck accident can devastate the unfortunate individual who finds themselves struck by–or even caught under–an 80,000-pound vehicle. And any truck driver or truck owner whose negligence leads to such an accident can… Read More »
How Do I Prove My Injury Is Job-Related for Purposes of Workers’ Compensation?
Causation is critical to establishing a workers’ compensation claim in Tennessee. In other words, you cannot receive benefits from your employer unless you can prove that your injury is directly related to your employment. A workers’ compensation official will not accept conjecture or speculation that merely suggests the injury could be work-related. Panel Denies… Read More »
