Author Archives: Jay Butchko
Are Tennessee Store Owners Liable for Bathroom Slip-and-Fall Accidents?
Public restrooms are often not the best-maintained or cleanest of places. So it is not unusual when a slip-and-fall accident occurs due to a puddle of liquid on the floor. But when a patron of a public business is harmed in such an accident, do they have a viable personal injury claim against the… Read More »
Do Tennessee Medical Malpractice Rules Apply to Massage Therapists?
As we have discussed many times before, there are special procedures applicable to medical malpractice–or health care liability–claims under Tennessee law. Foremost among these special procedures is the requirement for plaintiffs to file an expert affidavit with their lawsuit. The expert must explain how the defendant healthcare provider deviated from the accepted “standard of… Read More »
Nashville Government Not Liable for Mysterious Playground Injury to Autistic Student
Many Tennessee children have special needs. Parents trust public schools to take such needs into account when providing necessary educational services. But when a special-needs child is injured while at school, does that mean the school district is automatically liable? The answer is “no.” Like any personal injury claim, an injured child–or more commonly,… Read More »
Can I Be Fined for Presenting an Incomplete Personal Injury Claim?
Filing a personal injury lawsuit is not something you rush into. It requires careful investigation and preparation. There are a number of legal and procedural hurdles that need to be cleared, and if a plaintiff acts rashly or without the assistance of qualified counsel, they may find themselves in a much worse situation then… Read More »
Can You Sue Another State in Tennessee Court Over a Car Accident?
Under normal circumstances, if a car accident takes place in Tennessee, then the injured party may seek remedy in a Tennessee court. But what about an accident that occurs on or near a border–say on a bridge connecting Tennessee and Arkansas. And to make things more interesting, what if the plaintiffs and the defendants… Read More »
Was Your Doctor Properly Warned About the Risks of IVC Filters?
Thousands of patients have suffered serious, life-threatening side effects after receiving IVC filters, which are medical devices implanted in the body to prevent blood clots from traveling into the patient’s lungs. In recent years, we have learned that companies that manufacture IVC filters did not adequately disclose the risks to patients and their doctors… Read More »
What Happens When the Defendant Dies Before a Personal Injury Lawsuit Is Served?
There are a number of things that can go wrong with a personal injury lawsuit that are outside of the victim’s control. For example, what happens if you are in a car accident and the other driver passes away before you have a chance to file your lawsuit? Now, you might say the answer… Read More »
Reuters: Johnson & Johnson Knew of Asbestos in Talc for Decades
There are two major types of lawsuits pending against Johnson & Johnson over talcum powder. The first type involves claims that the company’s signature baby powder causes ovarian cancer in women. The second set of lawsuits allege Johnson & Johnson knowingly allowed talcum powder contaminated with asbestos–the primary cause of mesothelioma–onto the market. On… Read More »
TN County May Not Impose Lien Against Injured EMT’s Accident Settlement
There is a longstanding rule in Tennessee known as the “made whole” doctrine. This rule often comes up in personal injury cases. Let’s say you are in a car accident. You incur $50,000 in medical bills as a result. Your insurance company only covers half this amount, or $25,000. You then sue the negligent… Read More »
How Far Will a Nursing Home to Cover Up Evidence of Patient Abuse?
Nursing home abuse is often difficult to detect. For one thing, the victims are nursing home residents whose physical or mental condition renders them unable to speak up in their own defense. And many nursing home administrators go to extraordinary lengths to conceal abuses from the patient’s families. Nursing Home Claimed “Privilege” Over Efforts… Read More »