Recent Blog Posts
Is Giving a Patient Coffee “Health Care” Under Tennessee Medical Malpractice Law?
Personal injury claims involving medical malpractice or nursing home abuse often revolve around what exactly constitutes “health care.” The reason this matters is that “health care liability” lawsuits in Tennessee are subject to different rules than claims for ordinary negligence, such as car accidents or premises liability. Many personal injury claims are summarily dismissed… Read More »
FDA Puts a Stop to Sale of Unapproved “Skin Whitening” Products
Many Tennessee consumers are misled into purchasing dangerous drugs and defective medical devices by false labeling. Unscrupulous manufacturers and sellers may claim a drug has been scientifically tested–or even have the endorsement of the U.S. Food and Drug Administration (FDA)–when that is not the case at all. When such medically unsound products are allowed… Read More »
Can I Receive Tennessee Workers’ Compensation Benefits for PTSD?
Personal injury claims often focus on a victim’s physical injuries. But mental injuries are just as important. Indeed, psychological trauma can last for months or years after all physical injuries have been treated and healed. Even in the context of workers’ compensation cases, psychiatric injuries may be undervalued. Many employers will balk at an… Read More »
Johnson & Johnson Asks Judge to Throw Out $417 Million Talcum Powder Verdict
Juries throughout the country continue to find a credible link between the use of talc-based powders and ovarian cancer in women. In August, for instance, a Los Angeles jury held talc manufacturing giant Johnson & Johnson liable for a plaintiff’s ovarian cancer and ordered the company to pay $417 million in damages, which included… Read More »
Does a “Sudden Emergency” in the Operating Room Justify Medical Malpractice?
In a personal injury lawsuit, the defendant may try to avoid liability by invoking the “sudden emergency” doctrine. Basically, if there is a “sudden and unexpected emergency” that requires the defendant to react without time to think, he or she is not responsible for the consequences of their actions, even if the result was… Read More »
Tennessee Court Rules Gun Owner May Be Liable for Suicide Victim’s Death
Most gun-related deaths in the United States are suicides rather than homicides. According a 2015 report in the New York Times, “More than 60 percent of people in this country who die from guns die by suicide.” In addition, a majority of successful suicides are committed using a gun. Given these sobering figures, it… Read More »
Is an International Airline Liable If I Am Injured During the Flight?
Accidents can happen anywhere. But where the accident took place can affect your legal rights. For example, if you are injured in a car accident on Tennessee roads, there is no question that the state’s personal injury laws would govern any subsequent lawsuit you file against a negligent party. But what happens if the… Read More »
FDA Warns EpiPen Manufacturer Over Repeated Safety Violations
Medical device manufacturers are eager to collect billions of dollars in profits from the sale of their products. But when something goes wrong with a device, these same manufacturers can be slow to take remedial action. Even after a recall and a followup investigation by the Food and Drug Administration (FDA), a defective medical… Read More »
TN Supreme Court Revives Wrongful Death Lawsuit
In May 2016 we discussed an unfortunate ruling by the Tennessee Court of Appeals, which overturned a jury verdict. The victim’s husband had initially filed his complaint against the defendants without the assistance of a qualified personal injury attorney. Although he later obtained counsel, it was not until after the one-year statute of limitations… Read More »
Is a Designated Driver Liable for a Drunk Passenger Who Falls Off of the Car?
One of the best ways to avoid an alcohol-related car accident is to have a designated driver. Making sure there is at least one sober, responsible person in your social group can help ensure that everyone gets home safely. But what happens when a drunk passenger is injured during that ride home? Can the… Read More »
