Tennessee Injury Lawyer Blog

A statute of limitation sets forth the amount of time a would-be plaintiff has to bring a claim before a court. Most statutes of limitation begin on the date of injury or the date the injured party reasonably discovered the injury. In a Tennessee medical malpractice action, the statute of limitation is one year from the date of injury or one year from the date the plaintiff reasonably discovered the injury.

A “statute of repose,” on the other hand, is an absolute deadline that cuts off the plaintiff’s legal right to file a lawsuit. In a medical malpractice action, the absolute deadline is three years from the date of injury.

However, both the statutes of limitation and repose are extended 120 days from the date of expiration of the applicable limitation period if the plaintiff provides notice to all defendants in compliance with TCA 29-26-121.

As with most legal rules, there are certain exceptions that can suspend the statutes of limitation and repose upon a judicially acceptable excuse or justification. The first justification or excuse is called fraudulent concealment. This occurs when the defendant, by his actions or words, hides facts that would lead a plaintiff to believe that he or she has no cause of action. In this case, the plaintiff has one year from the date he or she learns that a cause of action exists.

Another situation that can extend the medical malpractice statutes of limitation or repose is when a doctor leaves an instrument or other foreign object in the patient’s body. Because objects left in the body can take years to cause damage to tissues and organs, the Tennessee legislature extended applicable limitation periods to one year from when the instrument or object was discovered or should have been discovered by the plaintiff, regardless of the 3-year absolute bar.

In Tennessee, the medical malpractice limitation periods are short; therefore, when injured, you have very little time to hire an attorney, investigate the merits of the claim, and bring a suit. If you feel you have a medical malpractice claim, it is imperative that you consult with an attorney as soon as possible so that you can preserve your legal rights. Call 866-853-2888.

The general rule in awarding injured workers compensation in Tennessee for work-related injuries is that employers “take injured workers as they find them.” This means that the presence of a pre-employment injury, disease or condition will not preclude the employer’s payment of compensation based on an accidental injury that aggravates a pre-employment injury. Likewise, if an employee injures his back while working for Employer A and then later re-aggravates the injury while working for Employer B, he can receive compensation for the subsequent injury regardless of his prior injury.

However, people with certain conditions can waive worker’s compensation for injuries resulting from the condition. The purpose in passing the waiver provisions is similar to the purpose of the second injury fund—to provide incentives for the hiring of impaired workers. The waivers apply to epilepsy, specific occupational diseases and heart disease. The following provisions control:

• T.C.A. 50-6-213 provides for an optional waiver for epileptics. Under the provision, epileptics may elect not to be subject to compensation provided certain procedures are followed. The waiver, however, does not apply to injuries that do not result from epilepsy.


• T.C.A. 50-6-307(a) provides for an optional waiver for workers or prospective workers who have been found to be affected by or susceptible to a specific occupational disease. To be valid, the waiver must be approved by the workers’ compensation division of the department of labor and workforce development.


• T.C.A. 50-6-307(b) provides for an optional waiver for workers or prospective workers that have a prior history of heart disease, heart attack or coronary failure or occlusion. If valid, the waiver only applies to claims growing out of an aggravation or repetition of the condition.

Continue reading " Employer’s Defenses to a Workers’ Compensation Claim: Waiver " »

Prior to bringing a civil suit in Knox County Circuit Court or Sevier County Circuit Court, an injured party will typically consult with an attorney to learn about his or her legal options. After learning the facts as conveyed by the injured party, the attorney will most often conduct preliminary investigations and consult the law about whether or not there is a valid claim. If there is a valid claim, the attorney will discuss with the client the possibility of bringing a claim.

Upon deciding to bring a claim, the personal injury attorney in Tennessee will draft a formal complaint to be filed with a court having jurisdiction over the particular type of claim. The complaint lists all the parties implicated in the suit and explains the grounds for which the suit is brought against the defendants. The complaint also describes the type and amount of damages requested. After the complaint is filed, the court will issue a summons to be served along with the complaint on all the defendants. This provides each defendant with notice that a complaint has been filed, the nature of the claims, and the time limit in which to respond. In answering the complaint, the defendant can challenge the court’s jurisdiction and assert any counter or cross claims against other parties.

Answers to complaints typically involve responses denying the material allegations of the claim. Additionally, the defendant’s answer will often include defenses that, if proven, would serve to defeat the plaintiff’s claim or reduce the damages award.

Continue reading " How Basic Civil Procedure Works in Tennessee " »

Neck and back injuries in the workplace are common in Tennessee. Sometimes the injury can be accidental, resulting from a fall or from a sudden strain. At other times, the injury can be gradually occurring, resulting from repetitive lifting.

While neck and back injuries can happen in any workplace environment, employees who work in the construction and manufacturing industries are at greater risk for sustaining such injuries. Certified nursing assistants (CNAs) and licensed practical nurses (LPNs) are also at an increased risk for sustaining a back or neck injury due to lifting and turning patients.

Common neck and back injuries suffered in which a person can generally receive workers compensation in Tennessee for include:

• Herniated disc (also called ruptured disc and slipped disc)


• Back strain


• Neck injury


• Spine injury


• Lower back injury.

Workers who sustain on-the-job back and neck injuries are entitled to medical benefits and temporary disability. However, when the personal injuries result in permanent partial or permanent total disability, injured workers are entitled to long-term benefits for lost earning capacity.

Continue reading " Tennessee Neck and Back Injuries in the Workplace " »

In Tennessee, plaintiffs can bring civil actions when battery has been committed against them. A battery is an intentional act that causes an unpermitted, harmful or offensive bodily contact. Examples of battery include, offensive sexual contact, getting hit by a car, medical procedures performed without informed consent (“medical battery”), punching and kicking.

Intent in Tennessee personal injury actions is different from the intent element in criminal cases. In a criminal case, intent means an act taken with the purpose to inflict injury. On the other hand, intent in a personal injury action only requires proof that the defendant intended to do an act that ultimately resulted in contact with the victim. Thus, a defendant acts with the requisite intent for battery if he throws a rock at someone but accidentally hits another. In this instance, the person who gets hit with the rock has an action against the rock-thrower.

As with most intentional torts, the plaintiff does not have to prove actual, physical damages. But, given the time and expense of litigation, a viable case is typically one in which there are serious physical or emotional injuries. Accordingly, a plaintiff can receive compensation for any of the following upon proof of battery:

• Medical expenses,


• Time off from work,


• Pain and suffering, and


• Punitive damages.

Continue reading " What Qualifies as Intentional Tort for Battery? " »

When someone is killed in Tennessee because of the fault or negligence of another, the victim’s surviving spouse, child, or parent may bring a wrongful death action in a Tennessee court.

Types of TN wrongful death claims include the following:

• Motor vehicle accident fatalities


• Work accidents


• Medical error


• Product defects

A wrongful death claim arising from a motor vehicle accident often results from the failure of another to exercise due care while operating his or her vehicle on the road. Examples of failure to exercise due care include following too closely, improper turns and excessive speeds.

Work-related accidents that cause the death of a loved one are covered under Tennessee’s workers’ compensation system. However, if a third party is responsible, the victim’s survivors can bring the wrongful death claim against that party. Some examples of third parties include manufacturers of defective work equipment and motorists who fail to exercise caution in road construction zones.

Medically-related types of medical death include medical malpractice, medical errors, failure to diagnose and failure to properly treat a condition or disease. Birth injuries and defects resulting from negligent conduct are also covered under Tennessee’s wrongful death statutes.

Continue reading " Types of Wrongful Death in Tennessee " »

Multi-car accidents occur almost every day in Tennessee and are just as dangerous as any other type of car wreck. Typically, they lead to serious injury, property damage, and time off from work. Unfortunately, multi-car accidents also result in Tennessee wrongful death.

An experienced car wreck attorney knows what it takes to effectively investigate and litigate multi-car accidents in the state of Tennessee. In these cases, not only are all the motorists involved, but their insurance companies too. To make matters more challenging and complex, each party is likely pointing the finger at each other. Likewise, in these cases, it is extremely important that you contact a motor vehicle accident attorney who has the resources to employ investigators and experts to discover facts vital to your case, and who has the skills necessary to assert your rights under the law.

Continue reading " Tennessee Multi-Car Wrecks Cause Injury and Wrongful Death " »

On June 17, 2009, the EPA declared a public health emergency in the Montana towns, Libby and Troy, due to the results of an investigation showing an alarming rate of asbestos-related illnesses. The culprit, according to Dr. Buttery’s public health blog, is a vermiculite deposit contaminated with tremolite asbestos. Asbestos is well-known for causing mesothelioma—a type of cancer that affects the lungs, heart and abdomen—and asbestosis.

Prior to the ban of the use of asbestos in consumer products, asbestos could be found is a variety of products, including insulation, roofing materials, wallboard and paint. Strident efforts have been undertaken to remove asbestos from work places, homes and schools; however, symptoms of the deleterious effects of mesothelioma and asbestosis do not show up until long after exposure to contaminated products.

Though exposure may have occurred a long time ago, you may still have a legal remedy for the costs associated with your asbestosis-related disease.

General mesothelioma symptoms include:

• Persistent coughing;


• Shortness of breath;


• Coughing up blood;


• Chest pain;


• Abdomen pain;


• Fatigue; and


• Weight loss.

Continue reading " The Many Dangers of Asbestos Exposure: Are You at Risk? " »

The CPSC cites burns as one of the most frequently reported injuries that occur in the home. Each year, a number of these injuries occur as a result of defective hot water heaters or hot water heaters that have been set too high. The typical victims of burn injuries from these defective products in Tennessee are children and the elderly. The National Safe Kids Campaign, for instance, reports that between four to five thousand children are burned each year in bathtubs. These burns typically cover about 12 percent of the entire body surface.

Burns from hot water heaters can be extremely painful and expensive to treat. Sometimes, a hot water heater injury can cause third degree burns to victims. Not only does this type of burn require ongoing medical treatment and outpatient therapy, but it frequently leaves the victim scarred, disfigured and emotionally traumatized.

Water heater accidents are often caused by defective designs. For example, some hot water heaters allow temperatures to be set higher than 150 degrees. The risk of burns and scars associated with this temperature setting far outweigh any benefit that might come from being able to set the water temperature above 150. In fact, the human threshold for pain from hot water exposure is about 110 degrees.

Continue reading " Hot Water Heater Burn Injury in Tennessee " »

Patients expect to receive proper and adequate medical care when they are fully informed about their medical condition, potential treatment options, and each option’s associated consequences and risks.

Under Tennessee law, healthcare providers who recommend treatment have a duty to discuss with the patient the consequences and potential risks of any proposed course of treatment. The healthcare provider is also under a duty to discuss other acceptable alternatives and the pros and cons of each. When this information is provided, the patient is then in a position to give informed consent.

Informed consent is a term used to describe the legally sufficient amount of information a doctor must provide to his or her patient prior to the patient’s written consent to treatment and/or surgery. Such informed consent allows the patient to play a more active role in his or her treatment. It also allows parents to know the results of prenatal tests, allowing them to make crucial decisions bearing on both their lives and their children’s lives.

Continue reading " Informed Consent and How it Applies to Medical Malpractice " »

The residents of Church Hill are still reeling from a four-wheeler auto accident in Tennessee that took the lives of two of its young people in May of this year. Apparently, during the early hours of the morning, the driver attempted to negotiate a turn on a back road when he lost control and hit a tree killing both him and his girlfriend.

Accidents like this occur each year in East Tennessee. With outdoor sports being a significant part of East Tennessee culture, there are plenty of opportunities to ride four wheelers (aka ATVs) on such trails as:

• Covington Pike Trails


• West Point


• Royal Blue Trails


• Wind Rock


• Cooper Hill


• Natchez Trace State Park


• Chickasaw State Park

ATV accidents are typically caused by the same things that cause motor vehicle accidents in East Tennessee: driver error, road conditions, other drivers, defective tires and parts, negligent repair and so on. The types of injuries typically associated with ATV accidents include brain damage, spinal injuries, bone fractures, contusions, cuts/scrapes, and sometimes death. These injuries frequently affect the victim’s ability to attend school, work and participate in everyday activities.

Continue reading " East Tennessee ATV Accidents " »

The recent recall of the Kidde Model PI2000 Dual Sensor Smoke Alarms reminds consumers in East Tennessee just how unsafe smoke detectors can be. In fact, a 2007 NewsChannel5 investigation revealed that ionization smoke detector alarms may not alarm residents in enough time to safely escape from smoky, smoldering fires. Ionization smoke detectors are the cheapest, mostly widely used detectors in the United States.

In the Kidde smoke alarm case, a batch of smoke detectors were found to be defective after it was discovered that the electrostatic discharge, when triggered, could actually damage the unit and cause the alarm not to sound.

According to the Consumer Product Safety Commission (CPSC), approximately 4,000 people die in household fires every year. That makes household fires the third leading cause of unintentional death in the home, behind falls and poisoning.

Typically, smoke from fires cause death, not the fire itself. For this reason, a properly functioning smoke detector is critical in ensuring the safety of you and your family, which is why being aware of notifications of defective products in Tennessee is so important.

Continue reading " Defective Smoke Detectors Recalled " »

The failure to timely diagnose and/or treat a patient isn’t always caused by Tennessee medical malpractice of a healthcare professional or physician. Sometimes injuries in a healthcare setting are caused by defective laboratory kits and medical screening devices (such as MRIs and CT scans).

To give an example as to how difficult it can be to find the culprit of an injury, we consider the recent recall of Covidien’s Mallinckrodt Sodium Chromate Cr-51 Injection. The Mallinckrodt Sodium Chromate Cr-51 Injection is used to diagnose a rare bone marrow disorder called Polycythemia by injecting chemicals into the blood stream that assists in the determination of blood volume and blood loss. Using a subpotent product could lead to an incorrect result in red blood cell volume or mass. Consequently, Polycythemia could be easily ruled out as the cause based upon a false lab result.

Since the disorder causes too much production of white blood cells, red blood cells and platelets, a misdiagnosis or delayed diagnosis followed by a delay in treatment would put a patient at an increased risk of stroke or embolus. A person suffering from undiagnosed Polycythemia could suffer serious personal injury while never knowing that the actual cause was a defective product in Tennessee conducting the diagnostic test.

Continue reading " Failure to Diagnose/Treat Due to Defective Healthcare Products " »

Hearing loss is treated as a gradually occurring injury under Tennessee’s workers’ compensation laws. A gradually occurring injury has been described by the courts as a new injury each day at work; therefore, employees seeking compensation for hearing loss do not have to prove that they provided their employer with notice UNTIL they know or should know that their injury was caused by occupational noise exposure.

Typically, employees must notify their employer of a hearing loss personal injury in TN upon diagnosis by a medical doctor of hearing loss or tinnitus.

Hearing loss is compensated as a permanent partial disability under the workers’ compensation schedule of benefits. The award for complete permanent loss of hearing in both ears is sixty-six and two-thirds percent (66 2/3%) of the average weekly wages during one hundred fifty (150) weeks.

For permanent partial hearing loss, an employee is compensated in relation to an assessment of anatomical impairment and vocational disability. Anatomical impairment is assessed by a medical doctor and expressed as a percentage of “binaural hearing” loss.

Continue reading " Compensation for Work-Related Hearing Loss " »

Seatbelts save lives and prevent injuries, and we expect that manufacturers use the utmost care to ensure that they are designed well and free of any defects that could jeopardize our safety. Unfortunately, this is not always the case.

It is safe to assume that most believe that there is little variation in seatbelt design and safety. However, studies show that all seatbelts don’t carry the same level of protection. They come in as many variations as there are automobile manufacturers. While each manufacturer of a seatbelt must meet minimum federal requirements, they are sometimes found to contain serious manufacturing and design defects that give rise to products liability in Tennessee.

Did you know that seatbelt buckles can be defectively designed? Almost every year, a seatbelt buckle is shown to unbuckle during a car wreck. Other defective designs involve the seatbelt button being unreasonably exposed allowing the passenger or driver to inadvertently unbuckle himself or herself without knowledge of doing so. Other belts will fool you into believing that a safety belt is latched when in fact it is not.

Continue reading " Faulty Seatbelts in Tennessee " »

Those who have had children are familiar with the word “jaundice.” Jaundice is typically associated with a child having yellowish skin.

Jaundice is also called “hyperbilirubinemia,” which means that there is an excess amount of the protein bilirubin in the newborn’s blood. Normally the condition is harmless, but sometimes, when there is too much bilirubin in the system, there is a chance that the infant will develop Kernicterus, which is a type of brain damage associated with neurological impairments leading to cerebral palsy, deafness, and various learning disabilities.

All newborn babies are at risk for jaundice—particularly premature babies, males, breastfed babies, and infants of Asian descent. Given the sheer number of children who are at risk, the medical community has uniformly adopted a standard to check bilirubin levels at least once after a child’s birth. Abnormal test results should alert healthcare providers to closely monitor the baby while the baby is still in the hospital. Prior to discharge from the hospital, the healthcare provider should provide proper instructions to the child’s parents. In particular, the parents should be instructed about the dangers and signs of jaundice.

Continue reading " Jaundice and TN Medical Malpractice Risks " »

Personal injuries on construction sites are an everyday occurrence in the United States and Tennessee. In fact, according to the Federal Bureau of Labor Statistics, more than 13 construction workers out of every 100,000 died on the job in 2006. The same report also indicated that six percent of all workers are either hurt or sickened while at work.

Not only are workers hurt on construction sites but so are innocent pedestrians and motorists. Each year, we hear of slip and fall injuries, pedestrian injuries and motor vehicle accidents that occur as a result of road, sidewalk or building construction. Sometimes, innocent parties and workers are injured because of negligent or careless handling of construction equipment, chemicals, machines, and tools. Falling objects are another example.

Common causes of construction injuries include:

• Falling from roofs and scaffolding


• Falling objects


• Toxic chemical exposure


• Defective machinery or equipment giving rise to products liability


• Explosions, fires, electrocution and chemical spills


• Insufficient training


• Lack of proper safety equipment


• Construction equipment on sidewalks and roads


• Failure to adhere to federal, state or municipal building codes and workplace safety regulations

Continue reading " What You Need to Know About Construction Accidents " »

On July 2, the U.S. Consumer Product Safety Commission (CPSC) reported that approximately 400 thousand Simplicity Drop Side Cribs have been voluntarily recalled due to a suffocation hazard. To date, at least one child has died after getting his head stuck between the drop side and the crib mattress. The child was an 8-month-old from Houston, Texas. The CPSC is also aware of 25 additional defective product incidents involving the drop side detaching from the crib.

This recall is part of a long history of defective cribs leading to injury and death of young infants. In fact, according to the February issue of Pediatrics, the number of infant deaths from accidental suffocation and strangulation in bed (ASSB) has quadrupled over the past 2 decades, with the most significant increase occurring after 1996. ASSB includes suffocation by strangulation, such as when an infant’s head and neck become caught between crib railings.

Many of the ASSB personal injuries could have been prevented through proper design and construction materials. For example, the hardware holding up the drop side of the Simplicity Drop Side Crib was apparently made out of cheap plastic that, over time, would deform and break creating a risk of the drop side detaching.

Continue reading " Crib Injuries and Hazards " »

At Baker Associates, we understand how suffering from a gynecological or obstetric injury can be one of the most traumatic and emotionally draining challenges you can face over a lifetime. As has been stated elsewhere, these types of injuries strike at the very heart of what it means to be a woman and a mother. If you have suffered such an injury, call the Tennessee medical malpractice attorneys at Baker Associates for a free case evaluation.

The personal injury attorneys at Baker Associates can provide legal representation for a wide range of gynecological and obstetric malpractice claims, including:

• Surgical errors during a hysterectomy or other gynecological surgery


• Inappropriate examination


• Screening and testing errors


• Inaccurate analysis of screening and testing procedures from CAT scans, MRIs and pap smears


• Failure to diagnose cancer (such as cervical and breast cancer)


• Labor and delivery errors

Continue reading " Obstetric and Gynecological Injuries in Tennessee " »