Tennessee Injury Law Center

December 1, 2013

True Confessions and Six Things That Can Hurt Your Tennessee Injury Case

Let me begin with a confession: I married a defense lawyer. Well, a former defense lawyer. She has since left the "dark side" and joined our firm. But before she found the light, she was involved in all types of injury cases for insurance carriers and major corporations. Below is list of some of the things she used to love to uncover in her cases as it typically lowered the amount of compensatory damages her clients would have to pay (and sometimes destroy the case entirely).

1. Plaintiffs (the injury victim who brings the lawsuit) who are inconsistent in their reports of how their injuries affected them. For instance, one injury victim claimed his injuries prevented him from cleaning his house yet records subpoenaed from his health club showed he was consistently able to go to the gym and work out.

2. Plaintiffs who refuse to concede that ANY of their problems have improved since the accident. While there are definite exceptions, most things tend to improve with time. They may never go back to pre-accident status, but they do get better.

November 27, 2013

Tennessee Health Care Filings By Judicial District for 2012 – 2013

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

The number of Tennessee health care liability lawsuits (formerly known as medical malpractice lawsuits) remains over 30% lower than it was just five years ago. What follows is a list of the number of medical malpractice lawsuits filed in each of the Tennessee judicial circuits in the one year period ending on June 30, 2013.

Of course, the mere filing of a lawsuit does not mean that the claim will be successful. Although precise data on this point is hard to come by, only about 20% of health care liability claims ultimately result in any payment to the patient. Your odds of filing a successful claim increase if you have an experienced medical malpractice lawyer evaluate your case and, if the case is determined to have merit, pursue your case via an out-of-court settlement or trial.

Here is the data:

Tennessee Medical Malpractice Filings for the Year Ending June 30, 2013
Judicial Circuit	County or Counties in the Judicial Circuit	Number of Filings
1st	Carter, Johnson, Unicoi, and Washington	8
2nd	Sullivan	20
3rd	Green, Hamblen, Hancock, and Hawkins	1
4th	Cocke, Grainger, Jefferson, and Sevier	2
5th	Blount	1
6th	Knox	40
7th	Anderson	2
8th	Campbell, Claiborne, Fentress, Scott, and Union	6
9th	Loudon, Meigs, Morgan, and Roane	1
10th	Bradley, McMinn, Monroe, and Polk	9
11th	Hamilton	27
12th	Bledsoe, Franklin, Grundy, Marion, Rhea, and Sequatchie	3
13th	Clay, Cumberland, DeKalb, Overton, Pickett, Putnam, and White	7
14th	Coffee	2
15th	Jackson, Macon, Smith, Trousdale, and Wilson	7
16th	Cannon and Rutherford	15
17th	Bedford, Lincoln, Marshall, and Moore	1
18th	Sumner	11
19th	Montgomery and Robertson	4
20th	Davidson	58
21st	Hickman, Lewis, Perry and Williamson	1
22nd	Giles, Lawrence, Maury and Wayne	5
23rd	Cheatham, Dickson, Houston, Humphreys, and Stewart	7
24th	Benton, Carroll, Decatur, Hardin, and Henry	5
25th	Fayette, Hardeman, Lauderdale, McNairy, and Tipton	2
26th	Chester, Henderson, and Madison	9
27th	Obion and Weakley	7
28th	Crockett, Gibson, and Haywood	3
29th	Dyer and Lake	2
30th	Shelby	119
31st	Warren	0

There were a total of 385 medical malpractice filings for the year ending June 30, 2013.

For more information about Tennessee medical malpractice cases click on the link. If you would like us to determine if we can help you with your potential malpractice claim, file out our Contact Form.

November 25, 2013

Drunk Driving Continues To Be Leading Cause of Wrong-Way Accidents

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

The National Transportation Safety Board describes wrong-way accidents as the most serious type of accident on the highway with fatality rates higher than any other types of accidents. More than half and possibly as high as three-quarters of all wrong-way accidents are alcohol-related. In fact, 9% of wrong-way drivers had been convicted of a DUI or DWI within 3 years of the wrong-way accident.

On average, 360 lives are lost each year due to wrong-way driving. Most wrong way accidents happen at night and on weekends. The most typical origin of the wrong-way driver is entering an exit ramp, but U-turns are also a common originating factor. And the most dangerous lane to be in for wrong-way accidents? The lane closest to the median.

If you or a loved one was injured in a wrong-way accident, one of our award-winning lawyers can help. While the wrong-way driver is almost certainly at fault, others may share in responsibility for the accident. For instance, did a restaurant or bar over serve the driver such that a liquor liability claim is appropriate? Or did a construction company fail to install appropriate signage to help drivers ascertain the proper traffic route?

November 25, 2013

Technology Exists to Prevent Train Crashes. But When Will It Get Implemented?

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

The good news: technology exists which will prevent a large number of serious train crashes. The bad news: implementation of this technology will likely be delayed causing commuter train passengers and others to remain at risk. Below is the background of this important issue.

In September of 2008, a Metrolink commuter train filled with passengers collided with a freight train killing 25 innocent people and injuring more than 100 others. In response to this tragedy, Congress passed the Rail Safety Improvement Act of 2008 which mandated implementation of Positive Train Control for all commuter rail lines and for freight lines hauling hazardous materials.

So what is Positive Train Control? It is technology which can stop or slow a train before certain types of accidents occur. For example, derailments caused by excessive speed, train-to-train collisions, unauthorized incursions and switching errors can all be prevented by Positive Train Control. Without question, Positive Train Control would have prevented the 2008 Metrolink accident.

November 24, 2013

What You Need To Know If You Have Been Injured In An Accident Caused By A State or Local Government Employee

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

If you have been seriously injured in an accident with a state or local government employee, your case is subject to a number of special rules and procedures. Below is an explanation of two of the special rules and a practical hurdle our office sees time and time again.

The first special rule is that a local government does not have any liability if the employee who injured you was performing a discretionary function. What is the discretionary function? The discretionary function exception to liability is meant to protect the government from tort liability in situations in which special social, scientific, economic, professional or political policy issues are involved. In short, policy and planning decisions are typically protected, but operational acts in which an employee is simply following a policy or regulation are not immune from liability. (The discretionary function rules are not applicable to claims against the State of Tennessee, only local governmental entities.)

The next special rule involves damage caps. The State of Tennessee’s damages have been capped by statute at $1,000,000 per accident and $300,000 per person. Local government liability is capped by statute at $300,000 per person and $700,000 per accident. These damage caps have been not increased in over a decade and are woefully short of compensating an injury victim with serious or catastrophic damages. (Note: there is no cap on damages in cases against the federal government. However, there are other special rules applicable to that type of case as well. Search this site for information about claims against the federal government.)

November 11, 2013

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

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

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.