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Here are the results from the jury trials in Nashville, Davidson County, Tennessee Circuit Court in October 2011:

  • Health Care Liability ( Medical Malpractice)   

                      –  3 trials, two defense verdicts, one hung jury

  • Slip and Fall  

                         – Settled after 6 days of trial

I have a lawsuit pending and my lawyer says that the other side has filed something called a "motion."  What is a motion?
 
A motion is a request by a party to the lawsuit to have the court rule on some issue.   A motion is a way of getting the court to resolve an issue between the parties to the lawsuit that they cannot work out between themselves.
 
For instance, under the law interrogatories (written questions one side of a lawsuit can sent to the other side of the case to learn information) must be answered in thirty days.  If interrogatories are sent but are not responded to within thirty days, a motion can be filed.  The motion asked the court to compel an answer to the interrogatories.

I have heard that a "certificate of good faith" must be filed with a medical malpractice lawsuit in Tennessee.  What is that?
 
A "certificate of good faith" is a written promise signed the attorney representing the patient that he or she has consulted with appropriate experts who are qualified to testify under Tennessee law and that there is a good faith basis for a lawsuit.  The certificate must be filed with each medical malpractice lawsuit in which expert testimony is required.
 

As a Tennessee medical malpractice attorney for more than 30 years I strongly recommend that you do not attempt to sue any health care provider without the assistance of a lawyer who is experienced in handling health care liability cases.  This is complicated, expensive, time-consuming litigation.  You don’t want to do it without a lawyer, and quite frankly you don’t want to hire a lawyer who lacks substantial experience in this type of litigation. 

 I have heard that formal notice must be given to each person who is to be sued in a medical malpractice case.  What is that all about?

 
Usually, a lawsuit is started with the filing of a summons and a complaint.  A summons is issued by the court and orders the defendant (the person sued) to respond to the lawsuit.  A complaint is a document in which the plaintiff (the person filing the suit) sets of the basic facts and legal theories giving rise to a lawsuit against the defendant.
 
The health care lobby got a special law enacted that adds a special step to bringing a lawsuit against a health care provider.  The law requires that notice must be given to the person who is to be sued.  The requirement for giving notice is very strict and I would not recommend that any non-lawyer attempt it on his or her own.  

A dog attacked me while I was riding my motorcycle down a public highway and caused me to crash.  Can I sue the owner of the dog?
 
Yes.  Under Tennessee law a dog owner has a duty to get his or her dog under reasonable control.  If a property owner allows a dog to roam and the dog attacks a motorcycle you may have a claim against the owner of the dog.
 
Many homeowner’s insurance policies provide coverage for dog owners whose dogs cause injuries to others.  If the dog’s owner has insurance coverage on his or her home, you may be able to make a claim against that insurance coverage.

We wrote about fires in the operating room just a few weeks ago.  Now, it has happened again, this time to a woman who has having surgery in a Florida operating room. 

Our earlier post about operating room fires contained lots of information how the 650 or so operating room fires could be avoided.  These incidents are an outrage, and the fact that they continue to occur is an outrage.

If you or a family member are injured in an operating room fire, please contact our office for a free consultation.  John Day has been representing Tennessee medical malpractice victims for over 30 years.

Instant soups are causing serious burn injuries, particularly to children. 

A recent report by NPR reveals that instant soups are dangerous because of the way the cups are designed. The cups are tall, lightweight, and have an unstable base that makes them tip over easily.

NPR "learned that [burns from instant soups" is a common phenomenon, with children being the most frequent victims. Eight of the 12 hospitals said they see the injury several times a week. One hospital located in Washington D.C. says they regularly see 5-6 patients a week with the injury, especially during the colder months."

 My 22 year-old brother died in a car accident in Clarksville, Tennessee after being hit by a drunk driver.  Do I have a right to sue for his death?

 
Here is the answer under Tennessee wrongful death law:
 
If your brother was married his wife would have the primary right to bring suit for her husband’s wrongful death.

I am about to interview a lawyer about truck accident case.  What role should the personality of the lawyer make in my decision? 

Lawyers are people (really!) and have different personalities. There are some inaccuracies in every generalization, but most lawyers would agree that lawyers who successfully try personal injury and wrongful death cases tend to more aggressive than passive, more self-confident (or perhaps even arrogant) than unusually humble, and better communicators than certain other types of lawyers. Frankly, lawyers who lack self-confidence  or who cannot effectively communicate do not belong in courtrooms.

Thus, before you hire a Tennessee personal injury and wrongful death lawyer you need to meet the lawyer. Do not rely solely on a commercial or a website description of the lawyer or the lawyer’s firm. Sit down and talk with the lawyer, preferably in the lawyer’s office, and try to figure out if (a) the lawyer is the type of person you want to work with during the pendency of your case; and (b) the lawyer is the type of person you want as your advocate before a jury if your case has to be tried.  Use your common sense in making this decision.

I am thinking about hiring a lawyer to help me with a dog-bite case involving injuries to my child. Can I find out if my lawyer has ever been disciplined by the Tennessee Board of Professional Responsibility?

Yes.

Lawyers are regulated by the Tennessee Supreme Court through the Board of Professional Responsibility. The Board of Professional Responsibility investigates lawyers that are accused of violating the ethical standards of the legal profession, which are set forth in Rule 7 of the Rules of the Supreme Court of Tennessee. A lawyer who violates the rules can be sanctioned by the Board of Professional Responsibility. The sanctions can be a private reprimand or as serious as disbarment, which means that the lawyer is prohibited for practicing law for some period of years or even life.

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