Author Archives: Jay Butchko
TN Supreme Court Dismisses Malpractice Case Against Mental Health Facility Over HIPAA Non-Compliance
Tennessee requires victims of medical malpractice to notify a potential defendant of their claims at least 60 days before actually filing a lawsuit. Among other things, this notice must include an authorization for the release of medical records that complies with HIPAA, the federal law governing medical privacy. If the victim does not substantially… Read More »
Do I Still Have to Prove Damages–Even When It’s Obvious the Other Driver Caused the Accident?
Even when the other driver is at-fault for your car accident, that does not mean a court will necessarily award whatever damages you seek. You still need to actually prove the existence and amount of those damages. Obviously, it can be difficult to precisely measure something intangible like “pain and suffering.” But you still… Read More »
Tennessee Supreme Court: Vanderbilt Fellowship Does Not Qualify Out-of-State Doctor to Testify in Medical Malpractice Case
In any medical malpractice lawsuit, Tennessee law requires the victim to produce evidence in the form of expert testimony. The expert must be a person “licensed to practice” within the applicable specialty in either Tennessee or one of its bordering states. The expert must also have actually practiced within one year of the date… Read More »
How Can I File a Personal Injury Lawsuit Against Someone Who Has Died?
When a negligent driver causes a car accident, the victims have the right to file a personal injury lawsuit to recover their damages. But what happens if the negligent driver dies before the lawsuit is filed? Can you literally sue a dead man in Tennessee? Historically, the common law provided that when someone died,… Read More »
When Is a Store Responsible for Customers Who Are Injured in the Parking Lot?
In Tennessee, a property owner must exercise “reasonable care” in keeping their premises safe for any invited guests. If the property in question is leased, then this responsibility falls to the tenant. But if the landlord retains possession over certain common areas of the property–say, a parking lot used by multiple tenants–then the tenant… Read More »
TN Court of Appeals Dismisses Personal Injury Lawsuit Brought By Self-Represented Plaintiff
If you have been injured in an accident that occurs on someone else’s property, you may naturally assume the owner’s negligence caused what happened. But assumptions do not necessarily mean you have a viable personal injury claim. It is important to thoroughly investigate the circumstances leading up to your accident. An experienced Tennessee personal… Read More »
TN Court of Appeals Allows Victoza Lawsuit to Proceed Against Pharmacy
In Tennessee, there are different laws governing different types of personal injury claims. For instance, if you have been injured due to a negligent act by a healthcare provider, you can file a medical malpractice lawsuit under the Tennessee Health Care Liability Act (THCLA). On the other hand, if your injury was the result… Read More »
What Happens If You Cannot Identify the Owner of a Truck Involved in a Hit and Run Accident?
When a truck accident is caused by a commercial vehicle, the owner of that vehicle can be held vicariously liable for the driver’s negligence. This sounds simple enough. But establishing ownership of a semi-truck is often more complicated than you might realize. In some cases, a tractor owned by one company may be hauling… Read More »
What Are the Exceptions to Tennessee’s Cap on Non-Economic Damages in Personal Injury Cases?
Since 2011, Tennessee law has limited the amount of “non-economic” damages a personal injury victim can recover for their pain and suffering. In most cases, this noneconomic damages cap is $750,000. But the cap does not apply in all cases. The law includes an exception for cases where the defendant “intentionally falsified, destroyed or… Read More »
The Statute of Limitations vs. The Statute of Repose in Tennessee Medical Malpractice Cases
In personal injury law there are two critical deadlines that plaintiffs need to understand: the statute of limitations and the statute of repose. A statute of limitations is a deadline based on when the plaintiff’s cause of action “accrues,” which may be different then the date the injury occurred. A statute of repose, in… Read More »