Author Archives: Jay Butchko
TN Court of Appeals Revives Medical Malpractice Lawsuit
The federal law known as HIPAA protects the privacy and confidentiality of a patient’s medical records. In other words, your doctor cannot disclose any part of your medical record to another person without your consent. But if you later sue your doctor for medical malpractice, Tennessee law requires you sign a “HIPAA compliant medical… Read More »
Tennessee Court of Appeals Allows Major Opioid Lawsuit to Proceed
In 2017, a group of Tennessee district attorneys sued a number of opioid manufacturers under the Drug Dealer Liability Act (DDLA). This is a state law that authorizes a court to award civil damages against any “person who knowingly participates in the illegal drug market” to the detriment of the community. Individual victims, as… Read More »
Why Is It a Bad Idea to Represent Myself in a Personal Injury Case?
At some point you may have heard the proverb, “I hesitate not to pronounce, that every man who is his own lawyer, has a fool for a client.” The exact origin of this expression is unknown. But the sentiment is timeless. To put it another way, while every person has the legal right to… Read More »
Tennessee State Not Liable for Death of Student During Football Practice
Every parent sends their child off to college hoping they will thrive and go on to succeed in life. So when a child tragically dies while participating in an officially sanctions school activity, the understandably shocked and grieving parents may seek to hold the university responsible via a personal injury lawsuit. Unfortunately, proving negligence… Read More »
Can You Sue the Police for Falsely Informing You of Your Child’s Death?
Negligent infliction of emotional distress (NIED) is a special type of personal injury claim where the defendant acts in a manner that is so reckless as to cause a mental or emotional injury to the plaintiff. A NIED claim involves more than “hurt feelings.” Rather, NIED cases involve specific trauma arising from a negligent… Read More »
Methodist Healthcare Accused of Overcharging Accident Victim
In most civil lawsuits, such as personal injury claims, the plaintiff gets to decide where to file their lawsuit. For example, many plaintiffs prefer to try a case in Tennessee state court rather than federal court. Under certain circumstances, however, the defendant has the right to move a case from state to federal court…. Read More »
Court of Appeals: Memphis Restaurant Not Legally Responsible for Customer’s Death
Personal injury claims against restaurants usually involve matters like slip-and-fall accidents. But they can also involve more serious incidents where a customer becomes seriously ill–or even dies–as a result of negligence on the part of the restaurant’s kitchen staff. Proving such claims, however, are not easy and often require complex litigation. Premises Liability Does… Read More »
Is an Employer Responsible for an Accident Caused by an Employee Who Leaves Work Early?
In Tennessee law, the principle of “respondeat superior” means that an employer can be held vicariously liable for the negligent acts of its employees. A common example of this an employee driving their employer’s truck who causes an accident. The employer can be held responsible for damages in a personal injury brought by the… Read More »
Wisconsin Officials Investigating Potential Link Between Vaping, Teen Lung Disease
There is mounting evidence that vaping–i.e., the use of electronic cigarettes–presents a significant risk to public health. Far from providing a “safe” alternative to traditional cigarettes, vaping has been tied to a rising number of patients suffering from lung disease. This has prompted at least one state to issue a warning to the public…. Read More »
Federal Court Allows Shelby County Police Shooting Lawsuit to Proceed
If someone negligent or recklessly shoots you with a gun, you can file a personal injury lawsuit to seek compensation. But what happens when you are shot by the police? In that scenario, you may have a special legal remedy under 42 U.S.C. §1983, a federal statute that allows a person to file a… Read More »