Tennessee Injury Lawyer Blog

Sixth Circuit Remands Tennessee Medical Malpractice Claims for Widow of Veteran

March 3, 2016 | Eric Beasley

The case of Tracy Lynn Eiswert is a long and complicated one that sheds light on the difficulties that plaintiffs may face in receiving justice under Tennessee’s current medical malpractice laws, and the role of the federal court in shaping the understanding of such laws.

Scott Walter Eiswert was a Tennessee resident and National Guard member who committed suicide in 2008. Scott sought treatment for mental health issues he suffered as a veteran at the Veterans Administration Medical Center in Mountain Home, Tennessee, but he was misdiagnosed by medical professionals there. Shortly thereafter, he committed suicide. Scott’s wife, Tracy, filed a medical malpractice claim against the Medical Center, and the Medical Center conceded that it failed to properly diagnose Scott. However, a District Court in Tennessee ultimately threw out Tracy’s claims, holding that its hands were tied by the procedural hurdles and paperwork requirements put in place by Tennessee’s medical malpractice laws. Specifically, Tracy failed to file a certificate of good faith with her complaint and instead offered two expert medical reports stating that her claims had merit. The District Court determined that, although unfair, Tennessee’s law required strict compliance with the good faith certificate requirement.

Managing Parallel Criminal and Civil Proceedings for Personal Injury Claims

February 24, 2016 | Eric Beasley

In many cases in which criminal charges arise, it may also be possible for an individual litigant to bring civil claims alleging personal injuries and damages. Thus, for instance, while the state is investigating whether a defendant committed a DUI that resulted in the death of another driver, the family of the deceased driver may also contemplate a wrongful death or personal injury claim against the offender. But what happens when the two cases are filed simultaneously? May private parties engage in discovery, including interviewing witnesses and obtaining important evidence, while a criminal investigation and prosecution are still ongoing? The Kentucky Supreme Court recently addressed this issue in a case, Lehmann v. Hon. Susan Gibson.

The Future of Tennessee’s Motorcycle Helmet Law

February 17, 2016 | Eric Beasley

Tennessee is one of a significant number of states that currently have a mandatory motorcycle helmet law. This law requires that all drivers and passengers of motorcycles wear a helmet while the motorcycle is in operation, for their own safety and the safety of others. The law, Section 55-9-302 of the Tennessee Code, requires not only that passengers and drivers wear a helmet, but also that the helmet comply with the federal safety regulations and standards for helmets. Certain individuals are exempted from Tennessee’s mandatory helmet requirements, including people riding on a motorcycle with an enclosed cab or one on which three wheels are touching the ground. In all other instances, a failure to wear a motorcycle helmet can be charged as a class C misdemeanor, resulting in fines or up to 30 days in jail.

How Do I File a Slip and Fall Claim in Tennessee?

February 16, 2016 | Eric Beasley

Slip and fall injuries can happen when you least expect it, leaving you to deal with the aftermath while trying to recover at the same time. People of all ages are apt to these types of accidents and often end up injuring more than just their pride. Slip and fall accidents can be caused by everything from simple negligence to failure to properly maintain properties. These hazardous conditions can include:

Improperly signed wet floors, or waxy residue left behind
Improperly lit walkways and paths

Can Tennessee Emergency Vehicles Be Held Liable for Accidents That Occur While On Emergency Calls?

February 10, 2016 | Eric Beasley

We have all experienced the sudden sound of sirens in the distance and the quickly approaching flashing lights that signal an emergency vehicle making its way to an urgent situation. We are all no doubt familiar with the laws that require us to pull over to the side of the road to allow such vehicles to pass, or to defer to emergency vehicles entering or exiting a traffic intersection. Yet, despite such safety laws, can emergency vehicles be held liable for accidents that may occur while they are urgently trying to reach their destination point? A recent case out of the Court of Appeals in Tennessee suggests that they can.

In Robin G. Jones v. Bradley County, Ms. Jones filed a governmental tort action against Bradley County Fire and Rescue as a result of an accident that she experienced when a Fire and Rescue vehicle was making its way to an emergency call. In July 2012, Ms. Jones was approaching an intersection when a Bradley County Fire and Rescue vehicle received notice of a fire alarm. The Fire and Rescue vehicle immediately turned on its emergency lights and sirens and approached the same intersection as Ms. Jones. As it entered the intersection, the emergency vehicle approached carefully and looked for oncoming traffic before turning on a red light. At the same time, Ms. Jones, who did not hear or notice the emergency vehicle, was passing through the intersection. The two cars collided, and Ms. Jones was injured.

Pushing the Limits of Premise Liability and Gun Safety – SB 1736

February 3, 2016 | Eric Beasley

Gun control and gun rights are a hot topic of political debate in cities and communities throughout the country, and Tennessee is not immune to such controversy. In the wake of increasing gun violence and a rise in gun-related deaths, proponents on both sides dispute whether the route to improved public safety involves stricter gun controls or greater gun freedom. In Tennessee, at least one legislator proposes that all individuals should be entitled to protect themselves through the purchase and use of a gun, and those who would act to impede such freedoms should be held liable for any death or injury that may result.

Recently, Republican Senator Dolores Gresham introduced Senate Bill 1736. The bill provides that business owners who operate gun-free areas can be held liable for any injury that occurs to a concealed permit holder who is on their property but is not carrying a gun because of the gun-free restrictions.

Tennessee Helmet Laws Could Save Your Life

February 2, 2016 | Eric Beasley

Driving a motorcycle carries a certain appeal for a lot of people here in Tennessee, and although driving one carries many advantages, there are some significantly higher disadvantages as well. Tennessee is one of the best places to be a rider with the gorgeous scenery and endless miles of roadways, but we all know just how easily an accident can occur, and being on a motorcycle leaves you at a much higher risk for an accident involving a serious injury. Helmet laws help save lives here in Tennessee by reducing fatalities, traumatic brain injuries and other serious head and spine injuries. There is no dispute that by wearing a helmet, you can prevent, or at least minimize an otherwise debilitating traumatic brain injury that can have life-changing effects. If you are injured in an accident, contact a Nashville motorcycle accident lawyer to understand your options.

Statistics to Consider

Think about these facts in regards to motorcycles from the National Highway Traffic Safety Administration (NHTSA):

Do Curbs for Wheelchair Ramps Constitute Dangerous Conditions in Tennessee?

January 27, 2016 | Eric Beasley

Individuals and companies that own land or buildings owe a duty to the public to exercise due care in order to prevent the general public from being injured on their property. This often means that property owners must address known dangerous conditions on their land or in their buildings, or must make the public aware of such dangerous conditions by reasonably warning them of the risks. Property owners are not, however, required to prevent any and all injuries that might occur to an individual while on their property. This is simply impossible. Instead, landowners must only protect against those dangers or injuries that can be reasonably anticipated. A question that recently arose in the Tennessee courts is what to do when it is unclear whether the condition is one that should have been recognized as dangerous by the landowner.

What You Need To File A Medical Malpractice Claim

January 27, 2016 | Eric Beasley

Medical malpractice cases can be a confusing. To win you must establish that you have a recoverable claim. The way you know if you have a valid legal claim is by determining if the medical team in question violated the standard of medical care.

Establishing A Valid Claim

The standard of medical care is a set of best practices established by the medical community, like the cleaning and sterilizing of surgical tools. You may wonder, “How do I establish a standard of care?” First, you need to consult an attorney who can review the facts of your case. If your attorney is convinced that your doctor made a mistake, like leaving scissors in your stomach, then he will pursue your case.

The Dispute Over Tennessee’s Tort Reform Returns to the Legislature

January 20, 2016 | Eric Beasley

In what is becoming a common topic on legal blogs and in the media, the tort reform caps imposed by the Tennessee Civil Justice Act are again the focus of legal and legislative attention, but this time for different reasons. In light of recent legal challenges to the constitutionality of the cap, advocacy groups representing Tennessee doctors are seeking a constitutional amendment to the Tennessee constitution that would limit the authority of the courts to question the constitutionality of the tort reform caps.