Tennessee Injury Law Center

November 11, 2013

Hospitals Slow to Implement Technology To Help Prevent Retained Objects During Surgery

It happens all too often: a patient wakes up from surgery to be advised all has gone well. But then weeks, months and sometimes years later, the patient starts experiencing symptoms such as pain or vomiting which do not seem to be related to any trauma or illness. Doctors can find no explanation for the symptoms and, in some cases, the patient is treated as if the problem is in their head. Only after the symptoms become acute or when the patient and doctor are relentless in their search for an answer is the real culprit revealed: a retained object from the surgery.

Retained objects come in many forms including scalpels, clamps, scissors, tubing, needles. But, the most common is sponges which account for about two-thirds of all retained objects. The most common method for tracking sponges is a simple manual count. But clearly, that old-fashioned method is not effective as it should be because each year roughly 4,000 cases of retained surgical items are reported in this country.

Technology exists which is much better at preventing retained object cases. Sponges can be tracked through the use of a radio-frequency tag. The tag itself is tiny — roughly the size of a grain of rice and is embedded in each sponge. At the end of the surgery, the system can detect if any sponges were forgotten inside the patient. In a study conducted at the University of North Carolina at Chapel Hill, this system prevented 23 sponges being left in surgical patients over the course of just 11 months. And the cost for this added patient security? About $10.00 per procedure. The additional time to use the system before closing the patient? About 12 seconds.

November 4, 2013

Tennessee’s Sexual Abuse Reporting Statute

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

Penn State University’s settlement of the cases involving Jerry Sandusky reminds us of our moral and legal obligation to protect children from sexual predators. One of the hallmarks of a civilized society is how we treat the lesser amongst us. Obviously, by the use of the term “lesser”, I do not mean to imply less worthy. I mean those whose well-being is dependent upon the protection and care of others i.e., the sick, the elderly and our children.

In Tennessee, ANY PERSON who knows or has reasonable cause to suspect a child has been sexually abused MUST report the knowledge or suspicion to the any of the following:

a. The judge having juvenile jurisdiction;

November 3, 2013

Unrestrained Passengers and Loose Objects Can Be Deadly in a Car Crash

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

According to the Centers for Disease Control and Prevention, motor vehicle crashes are one of the leading causes of death in the United States. Each year millions of people are treated in emergency rooms for injuries sustained in motor vehicle accidents, and injuries and deaths from car and truck accidents have a tremendous economic impact of roughly 70 billion dollars in a single year.

Thanks to public safety campaigns and better education efforts, most drivers know they should wear their seatbelt, obey the speed limit, never text and drive, etc But many drivers are unaware about the hazards of unrestrained passengers and loose objects in their vehicles and yet both of these can cause serious injury or death in an accident.

Strategic Safety estimates a driver’s risk of dying in a car accident increases by 25% if there are unrestrained passengers in the vehicle. Likewise, a dog or a fully-loaded cooler, etc. can become a deadly projectile especially in a high-speed collision. One of our lawyers, Joy Day, who is a former defense lawyer for automobile manufacturers, has handled a case in which a driver was killed because of blunt force trauma created by an unrestrained passenger in the back seat. John was involved in a car where a unrestrained cooler crashed into the vehicle passenger and there was a claim of injuries as a result of that “second impact.”

October 29, 2013

Motorists Beware: Deer Are On The Make and On The Move

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

Deer are on the move due to migration and mating season. Typically, deer are most active in the mornings and early evenings, which unfortunately just happens to coincide with the rush-hours. And, October through December are the most dangerous months for deer-related collisions.

Deer can be very dangerous to motorists. The Institute for Highway Safety estimates 1.5 million deer-related collisions occur each year with 150 deaths and tens of thousands of injuries. In 2012, there were 5,911 deer-related crashes, three of which resulted in deaths and 307 resulted in injuries.

While conventional wisdom is to slow and hold your line when suddenly confronted with a deer in your path, some drivers will swerve in an attempt to miss the animal. Even if there is no contact between your vehicle and the deer, a sudden swerve can result in a loss of control causing an accident with another vehicle, a tree or other object. Of course, holding your line is not without risk as a deer can crash through the windshield seriously injuring or killing occupants.

October 29, 2013

Halloween Safety: Slow Down and Be Alert

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

Halloween is a wonderful holiday for kids: costumes, trick-or-treating with friends, candy. But, it can also be a very dangerous holiday. A child is twice as likely to be hit and killed by a car on Halloween. Here are some steps to help avoid a tragic accident that will affect the lives of everyone involved forever:

Motorists:

1. Slow down and be vigilant in residential areas especially between the hours of 5:30 to 9:30.

October 22, 2013

Mob Violence, Herd Behavior, Pack Mentality: Whatever You Call It, It Is Ugly.

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

A few weeks ago, a mob of motorcyclists and the Lien family, who were in a black Ranger Rover SUV, were involved in a violent incident. In recent days, more information has came out about the incident and it raises some interesting legal implications. Based on a video of the incident and news reports, the following appears to have occurred:

* The motorcycle riders had organized for a Hollywood Stuntz event. This event had a history in that the year before the motorcyclists had effectively shut down traffic in Times Square.

* Earlier that day but prior to the incident involving the Liens, New York police had received hundreds of complaints about the motorcyclists and their behavior.

October 21, 2013

Share the Road: Part 2

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

In Nashville and other cities across Tennessee, pedestrian traffic has increased as more and more people have chosen to live in an urban environment that allows for easy walks to work, restaurants, bars, museums, and retail centers. Tennessee is also blessed with many beautiful roadways which walkers, joggers and runners use for exercise.

Now that the lovely fall weather is here and more people are getting out and about, let’s familiarize ourself with our basic rights and responsibilities as motorists and pedestrians:

1. Pedestrians have the right of way at all intersections and driveways.

October 20, 2013

Share the Road: Part One

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

With summer’s sweltering temperatures coming to an end, more Tennessee bicyclists and runners will take to the streets. So, it is a good time for all of us to remember our respective rights and responsibilities on the roadway. In Part One, we will start with bicyclists and Part Two will cover pedestrians.

Under Tennessee law, every person riding a bicycle is granted the same rights as operators of motor vehicles. Of course, bicyclists also owe certain duties. For instance, bicycle operators and passengers under age 16 must wear a helmet. All bicyclists must obey traffic signs and signals and the bike must be equipped with a head lamp and rear reflectors if riding at night. In addition, if a bicyclist is traveling at less than the normal speed of traffic, the bicyclists should ride as close as practicable to the right-hand curb or edge of roadway.

Conversely, motorists must respect the bicyclists right to be on the roadway and treat the bicyclist in the same manner it would another motor vehicle. This means using proper signals, passing only where it is permitted and when it can be done safely, not tailgating or following too closely, etc.

October 17, 2013

Tailgating, DUI, and Drunk Driving Victims

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

It’s football time in Tennessee: the Titans, Vols, Commodores, and Blue Raiders are all well into their seasons. Saturdays and Sunday game day rituals often begin with a bloody mary and sausage balls during tailgate set-up and progress to hotdogs, chili and beer before game time. Once inside the stadium, many fans continue to imbibe. After the game, fans routinely tailgate some more while traffic congestion clears. The result is a long day of drinking. And unfortunately, too many intoxicated or buzzed fans will pack up their tailgate and drive home.

In Tennessee, first time drunk driver offenders will serve a minimum of 48 hours in jail and a maximum of 11 months, 29 days. With a BAC of .20 or higher, the minimum jail time is 7 consecutive days. In addition, the offender will lose his or her driver’s license for 1 year. The offender must participate in alcohol and drug program, pay fines, pay higher insurance rates, pay towing expenses, pay bail and for an attorney. The offender might also be ordered to install an Ignition Interlock at cost of roughly $1,000.00. Without question, even if you are not involved in an accident, DUI is a costly mistake.

But, if a drunk driver causes a crash and injures someone, the real cost is paid by the victim in the form of medical bills, lost wages, permanent impairments, scarring and disfigurement, emotional distress, pain and suffering, and injuries that could change a the life of the victim and his or her family forever. So enjoy the tailgating and the game, but remember a cab fare is down right cheap compared to the cost of drinking and driving. You do not want to live the rest of your life knowing that you harmed another human being in a drunk driving accident.

October 17, 2013

Football, Felonies, and Sports Bars Who Serve Alcohol to Drunks

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

Sports bars can be a great place to watch a football game: huge televisions, multiple games on at one time, wings, pizza and beer. In the fall, it is easy to see how an entire Saturday or Sunday afternoon can be spent at the bar watching college or professional football. Of course, if you have spent the day drinking, you have no business driving yourself home. Unfortunately, people do so, and innocent people become victims of drunk drivers and the bars that over-serve them.

In our last blog post, we discussed the criminal penalties for first time DUI, which is a misdemeanor. But if a drunk driver harms someone, in many circumstances, the conduct can rise to a felony. If a drunk driver is found guilty of vehicular assault (serious injury to another person by a DUI driver), then the offender has committed a Class D Felony which can result in license revocation from 1 to 5 years (a restricted license is not available), jail time of 2 to 12 years, a $5,000.00 fine and other costs such as attorney fees, bail, etc. Vehicular Homicide (a fatal crash caused by a DUI with a .08 BAC or more) is a Class B felony and is punishable by 8 to 30 years in prison and a fine of up to $25,000.00. Aggravated Vehicular Assault While Driving Intoxicated is a Class A Felony (requires proof of prior DUI offenses) and is punishable by 15 to 60 years in prison and a fine of up to $50,000.00.

In addition to criminal penalties for the drunk driver, the bar or restaurant faces misdemeanor charges if it serves alcohol to someone who is visibly intoxicated. The bar or restaurant that serves who over-served alcohol to a visibly intoxicated person who gives into a car and hurts others may be responsible for any harm caused by the drunk driver such as the victim’s medical bills, pain and suffering, lost wages, etc. This area of the law is called dram shop or liquor liability law. To learn more about the legal liability of bars and restaurants , follow the link.