Tennessee Injury Lawyer Blog

When we are sick or in need of medical care, and treatment, we except doctors, nurses, and other medical professionals to help deliver the best care possible. Unfortunately, in many cases, malpractice occurs and serious injury and even death can be the result. Malpractice cases can occur anywhere, even to the residents of Tennessee.

In this case, Michael Scarpa, a 55 year old retired Long Island Rail Road Worker of Tunkhannock, died on April 16, 1999, two days after coming into the Tyler Memorial Hospital’s emergency room with complaints of chest pains and vomiting for three days. The doctors told him to take cough medicine, rest, and see his family doctor in two days.

After his death, the autotrophy showed that he had suffered from an ulcerated esophagus and the cause of death was sepsis, or blood poisoning, caused by a perforated esophagus that allowed food to enter his pleural cavity. His widow then decided to file a malpractice lawsuit against the hospital and the two doctors that he saw. The attorney for the case said that his “agonizing" death was caused by negligence and carelessness on the part of the hospital and the doctors.”

The jury found the hospital to be forty percent responsible and Dr. Lubin one of the doctor’s 30 percent responsible, Dr. Coster twenty percent responsible and Mr. Scarpa himself to be ten percent responsible. They found the victim to be ten percent responsible due to the fact that he failed to tell Tyler Memorial Hospital about his esophageal surgery two years before.
The jury awarded Mr. Scarpa’s widow 1.2 million, but the attorney is intending to file for “delay damages” which could bring the total awarded amount to 1.9 million. Before retiring, Mr. Scarpa bought a home in Lackawanna County.

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Recently, the risk of zinc poisoning and exposure to denture cream products has lead to many pending lawsuits in Tennessee and across the country. It has also lead the company GlaxoSmithKline who manufactures, markets, and advertises for three zinc containing denture creams to stop manufacturing them as of February 18, 2010. These products are: Super Poligrip Original, Ultra Fresh and Extra Care. The company is now working on new formulas for the products that will not contain zinc. These should be available by mid April 2010.

A healthy amount of zinc is needed for everyone, but doctors have found that too much exposure to zinc with products like these denture creams can cause problems such as:
• Numbness and tingling
• Lack of coordination for walking
• Unusual sensations in the hands, arms, and legs
• Weakness of arms and legs
• Copper deficiency problems
• Anemia
• Bone Marrow Failure
• Neuropathy (a condition that affects the nerves)

Some of these conditions are not that severe and when properly treated will not cause a person much more harm than some discomfort, but if zinc poisoning is misdiagnosed or untreated it can result in these more severe and life altering conditions and problems.

Many illnesses have some of these same symptoms, so it is important for doctors to test for zinc if you have taken a product containing zinc for a long period of time. Some of the conditions that have similar symptoms include:

• Demyelinating Syndrome
• Multiple Sclerosis
• Guillain-Barré Syndrome
• Chronic Inflammatory Demyelinating Polyneuropath

If you or a loved one has used one of these products or similar denture cream products containing zinc, it is very important that you stop using the product, contact your doctor, and use a product that does not contain zinc instead. It is also important that you keep whatever records, products, or other information indicating what you have used. This is important in all defective products cases.

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In recent years, we all have heard about school shootings and violence in schools and on campuses. These reports have affected everyone across the country, including the residents of Tennessee. Security measures have been taken on campuses to help protect the students and staff, but there are always things you can do to help protect yourself against crime. Here are some tips to help make you more aware of crime on your campus and how to better protect yourself and your friends from it now and in the future.

The first thing you should do is go online or ask a school official what there plan is in case of emergency or crime. It is helpful to know where you would need to go, or what you may be asked to do in these situations. Check for the following to make sure your campus is well prepared for emergency and crime situations:

• Classroom door locks are secure or have been modified for better security
• Video surveillance is in place around the campus (i.e. cameras that are monitored regularly)
• Controlled Access (i.e. electronic key cards and codes)
• Mass communication (i.e. phones and internet in every classroom)
• Emergency drills held often
• Campus security group or committee with a plan of action

If you feel that your campus or school is lacking security measures, it is very important that you speak up and let someone know about it. Talk about it in a student group, or go to a school official or even the campus security.

If you are ever in an emergency or crime situation, here are some tips on what you can do:

• Try escaping even if its through a lower level window
• Lock yourself in a room (if you are in there with the criminal shut off all the lights and duck down)
• Scatter yourself around (this may distract the criminal and make shooting more difficult
• Use a cell phone to call 911 or text someone for help when possible

It is important that you feel secure and safe within your school and that you know what to do in case of an emergency or crime situation. This may just help to save your life and the lives of people around you.

Boy Scouts of America is an organization across the country that teaches young boys and men wilderness skills, life skills, and teaches them how to be responsible people that can have fun and do the right thing. Unfortunately, in the case involving Kerry Lewis who was formerly from Portland, Oregon, the Boys Scouts of America failed to protect him from and even allowed the former assistant Scoutmaster Timur Dykes to keep in contact with his troop after Dykes had admitted to the Church of Jesus Christ of Latter Day Saints back in 1983 that he molested seventeen boy scouts. Dykes was convicted three times of various sexual abuse charges involved with the boy scouts and had admitted to abusing Lewis. Due to their failure to act and their reckless actions involving this case, the Boy Scouts of America must pay $840,000 or sixty percent of the 1.4 million and the Cascade Pacific Council will pay fifteen percent or $210,000 and finally, the church already paid its portion of $350,000.

The spokesman for the Boy Scouts, Deron Smith, said, “We are saddened by what happened to the plaintiff. The actions of the man who committed these crimes do not represent the values and ideals of the Boy Scouts of America”.

There are still nine other claims pending against the Boy Scouts of America and a separate trial to help determine if the organization will owe $25 million in punitive damages. The Oregon Supreme Court also released in February more than 1,000 files the Scouts kept on alleged pedophiles from 1965- mid 1984 that were used in this trial.

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When we leave a hospital or medical clinic, we expect to be feeling better than when we arrived. Unfortunately, sometimes this is not the case. Doctors and nurses make mistakes and medical errors occur every day, leaving us or our loved ones suffering from further injuries and pain. When this happens, many of us want whoever is responsible to pay for the suffering and medical malpractice they caused, but many of us may not know how to find a good Tennessee medical malpractice attorney that will hear our case and get us the treatment we deserve. Here are some tips to finding the best Tennessee medical malpractice attorney for you and your loved ones.

It may be a good idea to first ask friends and family for any references they may have. If they have suffered from a similar problem, they may be able to recommend the best Tennessee medical malpractice attorney for you and your case. If this is not helpful, you should contact your Tennessee Bar Association. They will be able to provide you with a referral and a maybe even a specific firm or law that specializes in the area you need.

Once you have a few possible attorneys or firms in mind, it is a good idea to research them. Go on the internet and look at their website. See what type of experience they have in handling cases like yours and how long they have been handling similar cases. It also may be a good idea to look at any articles on their website that may show their medical malpractice knowledge and experience. It is also a good idea to contact the firm and ask any questions you may have.
When meeting with the Tennessee medical malpractice attorney, it is important that you ask them about their experience and if they can recommend any other clients to you that may be able to offer a reference. It is also important to discuss any costs or fees that would be involved if they would be handling your case. They should treat you with respect and genuinely care about your case.

The medical malpractice attorneys at the Higgins Firm are experienced and caring. We listen to our clients, care about their needs, and strive to get them the care they deserve for the pain and suffering they have been caused.

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When we get hurt at work, many of us may know that we are entitled to compensation, but there are still many questions such as: how does the process work, how much compensation do I receive, what kind of paperwork do I need to have, and many more. When we are hurt we just would like to know that our injuries will be well taken care of. The best way to do this is by hiring a Tennessee Worker Compensation attorney, but you may think the process is difficult. Here are some tips to help make the process a little easier and to help get you the compensation you deserve.

First, friends and family and even coworkers are a good first place to start when trying to find and hire the best Tennessee Worker Compensation attorney. They may have gone through the process or know someone who has and may be able to offer you a good reference. You may also be able to look in the phone book or contact your Tennessee Bar Association for a good worker compensation attorney for your specific case.

Once you find some possible choices, it is a good idea to do your research. Go online to their website and see how many years they have been working and how much experience they may have with workers comp cases. It may also be helpful to read any articles on their website that deal with worker compensation laws and cases. Finally, it is highly recommend to contact them by phone and ask any questions you may have.

When meeting with the Tennessee worker compensation attorney it is a good idea to notice how easy they are to talk to, how genuine they seem, and how much experience they have in handling cases similar to yours. It is also a good idea to ask for references if they have any available. Finally, it is important to discuss cost and fees if they were to handle your case.

These tips can really help you to handle the best Tennessee Worker Compensation attorney possible. The Worker Compensation attorneys at the Higgins Firm are very experienced in these cases and we care about getting you the compensation you deserve to get your life back in order.

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