Medical Malpractice (Health Care Liability)

February 26, 2024

What Is a Release of All Claims?

For Valentine’s Day, I received a gift card for a spa. When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims. Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible. There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated. Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities. As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

November 3, 2023

Don’t Be Cute

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

Litigation is fighting with rules, confrontation with a referee. Most people do not enjoy confrontation, and for others, it brings out their worst. If you are involved in litigation or have a claim that may result in litigation, please take our advice: don’t get cute. A few news articles lately have shown what happens when people try to get cute during litigation. Continue reading

January 20, 2023

“We’re Not the Suing Family”

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

Kristen Chenoweth, the Emmy and Tony winning actress, has a new book out, and this week she has been giving interviews to promote it. In the interviews, she has talked at length about the serious injuries she sustained in an accident on the set of the television show “The Good Wife.” Lighting equipment on the set fell and hit her causing a fractured skull, a fractured rib and nose, broken teeth and other long-lasting injuries. Chenoweth’s Dad counseled her to get legal representation. She did not. She now regrets it. Here are some things you should think about if you are hurt in an accident and are reluctant to seek legal representation. Continue reading

May 17, 2022

How To Win an Accident Case?

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

If you have Googled “How to Win an Accident Case” or “How Much Can I Sue for in an Accident Case” or “How to File an Accident Lawsuit” or anything similar to these types of searches, please proceed with extreme caution. If you were in an accident with very minor, fully resolved injuries (like your neck was a little sore for a couple of days and without any medical intervention it completely improved), you do not need a lawyer. But anything beyond that, you really should, at a minimum, consult an injury lawyer. Now let us tell you why. Continue reading

February 26, 2021

Radical Listening

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

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

February 15, 2021

How Will the Pandemic Affect Jury Awards?

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

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.

January 21, 2021

How Do You Prove Pain & Suffering?

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

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

July 24, 2020

Don’t Believe Everything You Read (Or Sign)

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

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

June 10, 2020

June 11th – National Make Life Beautiful Day

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

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 27^th, 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

December 3, 2019

Overwhelmed

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

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