Tennessee Injury Law Center

March 23, 2014

Liability of Parents for Teenage Drivers

According to the Centers for Disease Control and Prevention, teenage drivers (age 16 to 19) are three times more likely to be involved in a fatal crash than drivers over the age of 20. In the face of these statistics, the Wisconsin Senate has passed a bill which would limit the amount of money a person could recover from a negligent teenage driver’s parents.

Currently, in Wisconsin, parents are responsible for any harm caused by their child who is under age 18. In fact, the teen driver must be sponsored by a parent who actually signs for the teen to be allowed to obtain a license and agrees to be responsible for the harm caused by the teenager. Under the proposed legislation, parents would only be responsible for up to $300,000.00 for the harm caused by their teenage child.

So let’s assume, the teenage driver was texting and crosses the center line and kills another driver and renders the passenger a quadriplegic. The damages would be capped at $300,000 even though the medical bills and future care for the passenger would be in the millions of dollars and someone lost their life due to the teenage driver’s negligence.

March 18, 2014

Punitive Damages for Texting and Driving

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

In California, an appellate court is being asked to consider whether a texting driver can be held liable for punitive damages. Punitive damages are intended to punish the wrongdoer and, hopefully, deter others from engaging in the same harmful conduct. In the texting while driving context, the argument is that by texting while operating a vehicle, the driver “consciously disregarded” the safety of others on the roadway. The same argument is used in drunk driving cases.

While texting and driving is definitely illegal in Tennessee, this issue of whether a driver who was texting and driving can be held liable for punitive damages has not yet been decided by Tennessee courts. Of course, proving the driver was texting will often be an issue. In the California case, a witness testified the driver had been testing for a while and had swerved in and out of lanes before finally losing control and injuring someone. And of course, if there is reason to suspect the driver was texting, a subpoena can be issued for the drivers’ phone records.

Please do not text and drive. It could cost a life – maybe your own. If you or a loved one has been injured in a car accident, contact one of our award-winning lawyers for a free, no-obligation consultation. Call us any time at 615-742-4880 or toll-free at 866-812-8787. For information about fees, click here.

March 17, 2014

Unexpected Legislation For Bully Dog Breeds

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

Certain breeds of dogs have historically been classified as bully breeds and subject to special rules. For instance, military bases ban certain bully breeds. And, in the past, many local governments passed bans prohibiting residents from owning specified bully breeds. But surprisingly, that legislative trend is now reversing itself.

State lawmakers are now overriding these local ordinances and prohibiting communities from instituting breed-specific bans. In fact, eighteen states have passed this type of measure and another six are considering similar proposals. Of course, this dog debate is often quite heated. Most pet owners view their pets as family members and reject the notion their dog could be aggressive or a bully. Of course, victims of attacks, parents of young children and others often feel quite differently about the dangerousness of these animals.

Regardless of where you fall on the spectrum, you should know this: for homeowner’s insurance purposes, Pitbulls, Doberman Pinschers, German Shepherds, Akitas and Rottweilers are typically classified as bully breeds and are excluded from coverage in the event the dog attacks someone. So if you own a dog, check your insurance policy or call your agent and determine if any exclusions apply related to your dog’s breed. If you do not have insurance for your dog, get it. There are companies who specialize in writing policies for bully breeds.

March 16, 2014

Grain Auger Accident: The Many Hazards of Farming

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

Roger Bates got into the grain auger to break up material that would have clogged the machine. But, the corn sucked him down so fast that he could not use the chain he had brought in with him as a safety measure. Lucky for Mr. Bates, his grandson reacted quickly and decisively. He called 911, turned off the auger and then got into the bin to dig out some of the corn around his grandfather’s chest before the 35,000 lbs. of corn suffocated him. Five hours later, emergency responders were able to free Mr. Bates from the bin.

To say Mr. Bates was extremely lucky is an understatement, as fifty percent of all grain engulfments accidents end with the victim being suffocated to death. Over the last 50 years, there have been more than 900 grain engulfment accidents in the United States.

In 2010, the number of grain accident engulfments reached an all-time high, so efforts were launched to improve safety, awareness and enforcement. The United States Department of Labor has issued a hazard alert, and OSHA has developed a fact sheet to help employers maintain safe work places for their employees.

March 12, 2014

Social Media and Litigation: Three Things You Should Not Do

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

Almost everyone who is reading this has some connection to social media. If you are not on Facebook, Twitter, Vine, Instagram or other social media, I would be wiling to bet your kids, spouse, girlfriend, grandkids, boyfriend or someone else close to you is using social media. And if you are involved in litigation, here are some things you should know about the use of social media.

1. What you post or tweet lives on forever even if you delete it. Forensic computer specialists can retrieve it. And if what is posted on social media can be used against you, trust me, it will.

2. Do not assume because your account has private settings that the information you share will not be revealed during litigation. As social media becomes more prevalent, insurance company counsel routinely ask for passwords so that they can access your data to see if any of it is relevant to the litigation. For instance, if you claim you can not work because of your injuries, your opponent would be delighted to find pictures of you having spent your weekend at the lake water-skiing. If you initially refuse to provide your password, the court may order you to do so.

March 7, 2014

Patient Safety Week – Day 6

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

According to research conducted by John Hopkins Medical Center, diagnostic errors do the most harm to patients and result in the most medical malpractice claims and additional expenses. Diagnostic errors can be either a missed diagnosis, a delayed diagnosis or a wrong diagnosis. Some of the most common reasons for diagnostic errors are:

* Switched or lost lab or imaging reports;

* Failure to perform a diagnostic test when required;

March 7, 2014

Patient Safety Week – Final Post – Protecting Yourself

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

As we wrap-up Patient Safety Week, we want to conclude with some steps you can take to prevent being the victim of a medical error:

1. Write down questions you have of your doctor so you do not forget to ask about issues that are important to you;

2. Do not be afraid to ask questions about your medications, risks v. benefits of procedures, alternative treatment options, etc. This is your health and life and you are entitled to have a complete understanding of all issues. If your doctor is reluctant or hostile to such questions, you should seriously consider changing doctors.

March 6, 2014

Patient Safety Week – Day 5

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

Earlier in the week, we discussed the "never event" of wrong site surgeries. Another never event is patient falls. Patient falls in hospitals, nursing homes and other medical facilities should never happen. In fact, the Centers for Medicare and Medicaid Services will typically not reimburse medical facilities for additional medical treatment that is necessitated by a patient fall. And additional medical treatment is often required because falls can cause traumatic brain injuries, broken bones and even death.

Falls can be caused by a number of factors including medications, abnormal blood pressure, lack of fall precautions, inadequate staffing, etc. At The Law Offices of John Day, P.C., our award-winning attorneys are experienced in medical malpractice cases. In fact, John Day is board-certified in medical malpractice by the American Board of Professional Liability Attorneys. And, we have a nurse on staff full-time who can help address medical issues and questions.

If you or a loved one has suffered serious injuries due to a fall in a medical setting, contact us online or call us at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation. We handle all medical malpractice cases on a contingency basis which means we only get paid if we win.

March 5, 2014

Patient Safey Week – Day 4

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

According to the Centers for Disease Control and Prevention, each day roughly 1 in every 20 hospitalized patients will develop a healthcare-associated infection as a result of receiving medical care. And, that statistic does not include infections acquired at doctor’s offices and long-term care facilities. There are several types of healthcare-acquired infections including: bloodstream infections, surgical site infections, gastrointestinal infections, catheter-associated urinary tract infections, ventilator-associated pneumonia, injection site infections, etc.

To help prevent these dangerous threats to patient safety, the Centers for Disease Control Prevention has developed checklists for all types of medical facilities including dialysis clinics, long-term care facilities, dental offices, etc. Of course, in an emergency situation, you do not have the luxury of researching the best medical facility. But, if you are scheduling a medical procedure or surgery, take the time to do some research at such sites at www.healthgrades.com. In addition to searching health grades, we recommend patients research all aspects of their medical providers. In Tennessee, health.state.tn.us allows consumers and patients to check licensing information, abuse registry etc. disciplinary actions, etc.

Finally, be an advocate for yourself or your family member. If a medical professional is not practicing good hygiene (i.e, using hand sanitizer upon entering the room, etc.) or the hospital room is dirty, etc., speak up and demand action.

March 4, 2014

Patient Safety Week – Day 3

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

National Patient Safety Week continues and so does our discussion about preventable medical errors. Medical errors are now the third leading cause of death in the United States. Only cancer and heart-disease claim more lives. Accidents, stroke, diabetes, chronic respiratory disease are not even close to the deaths caused by preventable medical errors.

With that background, today we will look at medicine errors. Medicine errors can take many forms. The wrong medicine or the wrong quantity can be administered. The medicine can be administered at the wrong time resulting in either ineffective treatment or an overdose situation. Or, a medication can have a dangerous adverse drug interaction with a medication the patient is already receiving.

According to the National Patient Safety Foundation, 1.5 million Americans are harmed each year by preventable medicine errors. These errors can occur by pharmacies and by medical professionals in a hospital or long-term care setting. As a patient, there are steps you can take to help prevent medicine errors. In the event your medical condition renders you unable to monitor your medications, it can be very helpful for a family member to ensure the accuracy of any medications administered to you.