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 of the procedural requirements to…
Continue reading ›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 negligent hospital in the trial…
Continue reading ›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 a wrongful death lawsuit. The…
Continue reading ›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 harsher than that of some…
Continue reading ›If you have never actually seen a lawsuit being tried in court (or been called for jury duty), you may not be familiar with the jury selection process in an east Tennessee medical malpractice, wrongful death, or personal injury case. Sometimes, potential jurors are excluded “for cause” – that is, because they know one of…
Continue reading ›All personal injury and wrongful death cases have a filing deadline called the “statute of limitations.” Failing to file a claim within this time frame usually means that the plaintiff will be unable to pursue compensation, regardless of the merits of his or her case. Some types of cases, including Knoxville medical malpractice cases, may…
Continue reading ›When someone passes away due to another party’s negligence, it may be possible for those left behind to file a Tennessee wrongful death lawsuit. However, not just anyone can file such a claim. Only those allowed by the statutory scheme of the state in which the decedent was killed have the right to seek compensation…
Continue reading ›When a governmental employee acts negligently – that is, when he or she breaches a duty of care owed to another person, and harm is caused to the victim as a proximate result – the governmental entity for which the employee worked can be held liable for the resulting injuries or wrongful death in many…
Continue reading ›Medical mistakes can cause injuries or death both to the old and to the young, but some of the most heartbreaking east Tennessee medical malpractice cases involve situations in which a doctor’s mistake causes a child to either die in utero or shortly after birth. Obstetricians fight hard against a finding of liability in such…
Continue reading ›An act of medical malpractice in Knoxville, Maryville, or another region of east Tennessee can cause devastating injuries and even a wrongful death. Unfortunately, Tennessee has one of the shortest statutes of limitations in the nation, giving grieving families just one year in which to assert a claim or else have their right to recover…
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