Many Tennessee medical malpractice lawsuits involve tragic situations, but those involving young children and babies injured at birth can be some of the most heartbreaking. Doctors and their insurance companies are often quick to deny liability and shift blame for what happened. Cases against doctors and medical providers can be…
Like other personal injury and wrongful death cases, a Knoxville medical malpractice lawsuit usually sounds in negligence. In order to prove negligence, the plaintiff must prove four things: that the defendant owed a certain duty of care, that the duty was breached, that the plaintiff was harmed, and that there…
A Knoxville or Maryville slip and fall accident can cause serious, debilitating injuries. Medical expenses can be considerable, and the plaintiff’s inability to work while he or she recovers can put a family into a financial hardship from which recovery is difficult. If someone else’s negligence caused the fall, the…
An east Tennessee premises liability case can arise from many different types of dangerous conditions – a slippery floor, a broken staircase, etc. In such cases, the plaintiff has the burden of proving liability. This means that the plaintiff must provide evidence that shows that the defendant either knew of,…
Filing an east Tennessee medical malpractice lawsuit is a complicated and demanding process. Not only is the plaintiff required to file a formal complaint (as is required in every personal injury and wrongful death case), but there are other requirements, as well. Whether or not a plaintiff has performed all…
There’s an expression to the effect that sometimes one can “win the battle, but lose the war.” This can happen in the legal field, including in an east Tennessee medical malpractice case. A recent appellate case from Coffee County is illustrative. A widow won her medical malpractice case against a…
When someone is hurt on another person’s property, the injured person may file a lawsuit seeking monetary compensation for lost wages, medical expenses, pain and suffering, and other damages. The burden of proof is always on the plaintiff in an east Tennessee slip and fall case, however, and being successful…
In an east Tennessee car accident in which someone is seriously hurt, the proper party to bring the action is usually obvious: the accident victim himself (or herself). When someone is killed in an auto accident, however, there can sometimes be a dispute about who should be allowed to pursue…
In an east Tennessee medical malpractice lawsuit, the plaintiff must do more than simply file a claim in the manner that is generally required in a negligence case. Instead, he or she must also provide certain pre-suit notice to the defendant(s) and supply the defendant(s) with a medical authorization form…
A common issue that arises in east Tennessee personal injury and wrongful death lawsuits is that of comparative negligence. This is because, under Tennessee’s “modified comparative fault” law, a plaintiff who is 50% or more at fault in an accident cannot recover compensation from the alleged wrongdoer. Tennessee’s rule is…