Tennessee Injury Lawyer Blog

Pursuant to TN law a worker must report their on the job injury within 30 days. This requirement is met if the employer is actually aware of the injury. In other words, if you fall off a roof and your employer takes you to the hospital the notice requirement is obviously satisfied.

The most common problems that we see with the reporting requirement involve repetitive motion injuries and injuries that people do not realize are serious. Repetitive motion injuries involve things like carpal tunnel syndrome, repetitive back injuries or shoulder injuries. The obvious difficulty with reporting these work injuries is they generally develop over time. The law recognizes this and has given some room on the reporting requirement. Specifically, the employee should report the injury when a reasonable person knows there is a problem. Commonly this begins when a person seeks medical treatment for the work injury and the doctor discovers the cause of the problem.

As to injuries that seem temporary the law is similar. We see this a lot when someone pulls their back and believe it is simply a sore muscle. Unfortunately, when that injury doesn't go away they often find it can be something more serious like a herniated disk. Again, as soon as you believe you may have a work injury report it. If you get better then it is no big deal, however, if you have a permanent injury that you do not report you may loose your right to bring the case.

Continue reading "The importance of reporting your Tennessee Workers Compensation injury" »

Many of us here in Tennessee and across the country have heard about the Depuy hip recall and may even have been affected by it. This recall was issued by DePuy Orthopedics because of a high failure rate of the systems and the possibility that the heavy metals could go into the bloodstream and cause severe life-threatening damages. More than 10,000 people given these hip implants may be required to have additional surgery. This is why it is important that you know ways to better protect your health and legal rights during this whole process. If you or someone you love has been affected by this hip recall, please speak with a Tennessee defective product lawyer right away. They will hear your case and make sure you get the treatment you deserve.

• First contact your doctor if you suspect that you may be a Depuy hip recall victim If you feel pain or discomfort near your hip replacement location it is important to make an appointment with your doctor right away. They can tell you which hip replacement you actually have.
• Gather all the information you can
Make sure to right down all information about your pain and problems and your hip recall and do not sign anything with the Depuy company without speaking with a lawyer first, you may need this as evidence if you decide to pursue a lawsuit.

• Know the side effects and contact a doctor right away if you have any
o Loosening of hip implant
o Tissue death near the area
o Metal toxicity
o Intense pain near the area
o Bone loss
o The need for a second surgery

• Know who is most likely to be affected by the recall
o People with dislocated or poorly placed hip implants
o Females
o People with weak bones

Continue reading "Tips for Depuy Hip Recall Victims: Ways to Better Protect your Health and Legal Rights" »

The last thing anyone needs when facing a surgery to replace the replacement is a hassle from the manufacturer about who is at fault for a defective replacement joint. Far too many people here in Tennessee and across the country are experiencing just that. Instead of cooperating, companies like Johnson & Johnson, dePuy, and Zimmer are trying to shift the focus of the blame from themselves to the doctors who performed the initial replacement surgeries. More and more frequently, allegations of medical malpractice are being seen as large corporations try and minimize their legal and financial liability. It is for this reason that it is crucial to have an experienced attorney on your side when facing this situation.

An attorney experienced in medical cases knows that preservation of evidence is crucial to the success of a case. Proper lines of communication with the physician need to be established and the right questions need to be asked in order to ensure that patients get the care they need without having to fight with companies whose pockets are much deeper than theirs. It is detrimental to the physical and mental well-being of patients when they have to worry about the burden of paying for a second replacement and not just concentrate on getting better.

The vast majority of joint replacements are a complete success with no need for further medical intervention. However, when there are complications or issues, you need to seek out the best help possible. We are here for anyone who needs it. Please contact us via email or at 800-705-2121 to schedule a no-cost consultation. No one should have to do this alone.

Every day in Tennessee people receive new hips. Perhaps they were injured in a fall. Maybe they suffer from arthritis. No matter what the cause, the replacement is meant to increase the patients' quality of living. In the vast majority of cases surgery followed by rehab does just this. It increases mobility and allows a person to get on with their life.

Unfortunately for some that is not the outcome. By now everyone has heard of the DePuy and Johnson & Johnson recalls on some of their artificial hips. This is due to excessive wear on the metal to metal ball and socket joints that make up the joint. Initially, metals used - cobalt and chromium - were though to be more durable than other types of metal and more suitable to this type of application.

What happens in some of these failures is that the friction of the joint causes metal debris to be generated. If this debris ends up being absorbed by the bloodstream or soft tissues, terrible side effects can occur including headaches, pain and stiffness in muscles and joints, short term memory loss, vision problems, chronic fatigue, mental confusion and new intolerances or allergies to certain foods.

Some are claiming the device companies rushed the products to market in order to increase revenues. The company often say that doctors are at fault for inept installation. To determine the true cause it is crucial that all evidenced be preserved. If you are having a problem with a recalled hip make sure your attorney sends a spolitian letter promply.

Continue reading "Metal Wear Seems to be the Problem With Hip Implants" »

Who hasn't been tempted to send a quick text while sitting at a red light. You're almost through with the message when the light turns green. You know it's green because the guy behind you honked to let you in on it. Still, you just have one or two more words so you roll out slowly, finish the text, drop the phone, hit the gas harder and turn your attention back to the road.

Time sitting at a light doing nothing is seen as wasteful unproductive time. No one likes to be unproductive. But a recent test by Car and Driver, a legally drunk (.08) driver going 70 mph stopped six feet over the distance of his baseline performance. The sober man who was reading an email stopped 36 feet past his baseline and 70 feet farther while sending a text. In his worst performance he went a whopping 319 feet beyond baseline. That's almost into the next county. Not really, but it is an astounding number, especially when you stop to think about what could have been in his way along those 319 feet.

Fatalities due to texting while driving are on the increase. As our society sends more and more texts, more and more frequently it's being done while behind the wheel. And it's not just the drivers who are impacted by this but also any passengers or others who may be hit by the texting driver.

As of July 1st, 2009 it's been illegal in Tennessee to text and drive. We all know it happens every day all around us. Hopefully, you no one you care about will find yourself on the wrong end of a driver who's distracted by texting.

Continue reading "Texting While Driving More Dangerous Than Drunk Driving" »