Tennessee Injury Lawyer Blog

Good news for other lawyers that practice workman's compensation law in Tennessee. As you are all aware it can often be challenging to find out if an employer had workers comp insurance and the identity of the work comp insurance company. The TN dept. of labor has now added a page to their website where you can verify an employer has coverage and obtain the identity of the insurance company. The like to the site can be found here.

This should also help employees confirm their company has coverage in case they are hurt on the job. After practicing work comp law for so many years I have often seen employees not realize that their boss didn't have work comp coverage until after they suffered an injury. Unfortunately, learning this after an injury is too late and can leave the employee in desperate condition. As such, if you are starting with a new company I suggest you verify coverage through the state's website. This is especially true if you are working for a small company as that is generally where we see a lack of coverage.

Continue reading "Tennessee Employer's Workers Compensation Coverage Now Online" »

Tennessee residents as well as many people across the country have heard about a variety of concerns over the new body scan and pat down procedures enforced by the Transportation Security Agency or TSA to keep a closer eye on security when traveling and to keep air travel safer for everyone. There have been reports about revealing body scans, and invasive measures and even the White House has expressed concern over the new measures being taken. Here are some tips on how to better deal with these new measures so that everyone can feel safer and secure when they travel. If you still have concerns or feel that your rights have been violated due to these new procedures, you should talk to a Tennessee crime lawyer right away. They will hear your case and make sure you get the compensation you deserve.

• Try to avoid overreacting as much as possible
Most travelers will not even experience any difference in their airport security because it is not at every airport and the new measures are given randomly. The only difference is a new level of detectors known as advanced imaging technology scanners that will be in place at some airports to check a small amount of passengers. This could be anywhere from ten to twenty percent of travelers. If you are asked to step over to a scanner, you will empty your pockets and step into a scanner that uses advanced technology to detect whether or not the traveler may be hiding anything in their clothes. Concerns have been created because these images are similar to a naked body and people think that security guards are choosing attractive people and looking at the images inappropriately. However, this is not likely because the scans are random and looked at by someone other than airport security who cannot see the traveler. The images can also not be printed, copied, or tampered with in anyway.

• Understand what opting out may mean
Any traveler who does not want a body scan can ask for a pat down instead but should know that they can expect delays, and some uncomfortable touching. The pat-downs are performed by a person of the same gender and take place outside of the clothing, however, these pat-downs may include touching under under garments as well as under folds of fat in search of a possible bomb. Procedures for children however will be less uncomfortable) These pat downs will happen in front of other travelers and may take two to four minutes to complete.

• Ask to speak to a supervisor if you are uncomfortable
If you are having a problem during a pat-down, ask to speak to a supervisor or someone else in charge. However, know that if you refuse the pat-down, the law may not be not work in your favor. Local police can kick you out of the airport and the government can give you a fine for refusing security measures. A supervisor can speak with you about your concerns but you will still be expected to go through some kind of security measure.
• Leave extra time
Holiday travel is busy enough but if you add in body scanner protests this can make things even slower. So make sure to allow yourself plenty of time.

• Ask for help if you need it
Airport staff will be aware of the security checkpoints that may be the fastest as well as the ones that may be the slowest. People with special needs should expect pat-downs and ask for help when needed. This will help everyone get where they need to be with less problems.

In Tennessee and across the United States when we go into stores to shop we except there to be signs to signs to show us to the different departments, to the checkouts, and also to the restrooms. We also expect stores to do all they can to keep us safe while we shop by posting caution signs when the floor is wet because of the weather or a spill. Unfortunately that does not always happen and sometimes people suffer an injury as a result. If you or someone you care about has suffered a personal injury at a public place due to lack of signs or a warning, it is important that you talk to a Tennessee personal lawyer right away. They will listen to your case and make sure you get the compensation you are entitled to for the injury you have suffered.

In this case, Gwendolyn Adams was shopping in the J.C. Penny store on October 10, 2009 and slipped a fell on the wet floor because there were no warning signs to warn her about the hazardous condition of the floor. The lawsuit is claiming that J.C. Penny failed to make sure their premises were maintained in a reasonably safe condition, failing to warn people about a dangerous situation, and failing to warn customers about this condition and failing to place warning signs around the wet floor. The company is also accused of failing to adequately train their employees about where to place warning signs and how to warn customers of a wet floor and failing to tell them to use the proper care measures required for the situation.

The lawsuit is seeking damages for medical bills, physical pain and suffering, mental pain and suffering, loss of wages, loss of earning capacity, loss of enjoyment of life, and interest as well as court costs.

By now, many Tennessee residents as well as people across the country have heard about the Depuy recall because of a high risk of the hip implants failing many of the patients and the need to have more surgery to fix the problem. As a result of this recall and these problems, there have been several claims filed and lawsuits underway in Tennessee and across the country. If you or someone you care about has been experiencing problems with their implant, it is important that to speak with a doctor to determine if the implant was part of the Depuy recall. If so, you should talk to a Tennessee defective product lawyer right away. They can help you discuss your options as well as make sure you get the compensation you deserve.

A suggestion has been filed with the U.S. Judicial panel that handles cases that expand more than one district to combine all the Depuy recall claims and lawsuits into one court so that the cases can be matched together and heard before having to go to trial. This means that the cases would be matched according to similar problems, evidence, statements and other information as they relate to all the people filing claims because of the Depuy recall.

Some of the cases will go back to their initial district as lawsuits for each person that filed a claim, after all the matching information has been gathered by the one court. This allows people involved in the lawsuits as well as the judges more information and the opportunity to realize the importance of these cases. Most of these cases will get settled before a trial is needed and after the consolidations are over.

Continue reading "Judicial Panel seeking consolidation of Depuy Lawsuits" »

Once again we are hearing about another prescription drug that is doing more harm than good. This time it is Reglan, a drug prescribed to treat gastrointestinal disorders. Reports claim that it is responsible for a neurological disorder called tardive dyskinesia that causes uncontrolled movements and gestures such as lip smacking, jerking, grimacing or rapid eye blinking. Unfortunately there is no known treatment for the disorder and the conditions are rarely reversible. The FDA has begun requirements for stronger warning labels on the box in an attempt to better educate the public of the potential hazards of taking this drug.

Those at greatest risk appear to be infants, young children and the elderly. Even if the medicine is no longer being taken, tardive dyskinesia had been known to develop. The length of the prescription is supposed to be limited to three months or less and comes in tablet form as well as a liquid taken orally and as an injection.

Continue reading "Reglan Use Shown to Cause Neurological Disorder" »

Many of us in Tennessee and around the country that cannot afford nursing home care for our loved ones turn to agencies that provide care for people at their home. This seems like a good option for many people because it allows their loved one to stay in their environment and to be comfortable and feel secure. However, unfortunately many home care provider agencies face the same kinds of problems that nursing homes do. If you feel like you or someone you care about has been the victim of elder abuse in a nursing home or in your own home, then it is important that you speak with a Tennessee nursing home abuse lawyer right away. They will work with you and make sure you get the care and compensation you deserve.

After a case was settled over elderly abuse of a woman, it was found that a shocking number of home care providers for seniors, have felony convictions on their records. It was also found that a simple way to guard against this that was approved by legislature is being ignored by the state.

Two years ago, Rose Michael, 92, and her family lost $30,000 from a home provider hired by an agency. The care provider Wessa Tanubo pled guilty in 2009 to felony financial abuse after it was found out that she had been signing checks to herself and making fraudulent purchases on Rose’s credit cards. After this, the family learned the care provider had previous felony convictions due to drug charges in 1994. After that, she was in and out of prison from 2000 to 2004 for parole violations. In 2008, she was also had a restraining order put against her so that she would stay away from her own child. Then the Home Care Assistance Company put Tanubo into her home to be her home care provider.

The family trusted that the Home Care Assistance agency had performed national and criminal background checks as well as local criminal background checks on their care providers like they were told. However, the agency’s background check failed to bring up Tanubo’s criminal record and history. The family then sued Home Care Assistance for elder abuse, based on false advertisements about proper background checks. The agency after reaching a settlement with the family now does criminal background checks through the Department of Justice on all their care providers.

Continue reading "Elder Abuse Settlement Leads to an Investigation of Home Care Providers" »

Over the last couple of years a growing trend in low impact thigh fractures has been seen. Many post-menopausal women here in Tennessee and across the nation taking the osteoporosis drug Fosamax have been experiencing painful and debilitating breaks in their femurs that are the result of simple everyday activities like stepping off a curb, going up a set of steps or falling from a standing height. Some had complained of a dull ache or persistent pain in their femurs or hips for a month or less before the fracture occurred.

A couple of years ago as these cases were beginning to come to light, the FDA requested an investigation into a possible link between bisphosphonate drugs and the fractures. Preliminary results were reported as there being no significant reason to believe that a connection existed but in March of 2010 the FDA requested that the American Society of Bone and Mineral Research (ASBMR) look into the matter and see what they could come up with. Their findings were significantly different than the original. Out of 310 spontaneous low impact fracture cases, it was found that 291 (94%) of the women had taken Fosamax or another bisphosphonate drug. Now the FDA has issued a new policy requiring that warnings of spontaneous low impact fractures be placed in the Warnings and Precautions section of their label.

Continue reading "Fosamax Linked to Low Impact Bone Fractures" »

Tennessee residents and people all across the United States hear about reports of nursing home abuse constantly and many people wonder why it is not be taken care of. One of the reasons is often because professionals have not been properly trained and do not know how to properly care for the elderly in order to prevent the abuse from occurring in the first place. Here are some nursing home abuse prevention tips to know about to help make sure your loved ones are getting the best care possible. If you still have concerns or would like to report a claim of nursing home abuse, it is important to speak with a Tennessee nursing home abuse lawyer right away. They will work with you and your loved one to make sure you get the compensation and care you and your loved one need.

When we are decide to place our loved one in a nursing home we are placing their care in someone else’s hands but that does not mean there is nothing we can do to help prevent problems or abuse. If you are concerned family member or friend you can do the following to help prevent abuse of your loved ones and others’ loved ones as well:

• Look for possible signs or symptoms of abuse when you visit (i.e. bruises, sores, restraint marks, soiled clothes or bedding)
• If you suspect abuse report it immediately to a local agency or to the police and also alert the nursing home itself
• Pay close attention to your loved one’s medications and make sure the amount matches or closely matches the prescription date
• Ask your loved one if you may look over their financial records to make sure that everything is in order
• Call and visit often so your loved one knows you are there for them
• Tell the caregiver you do not mind staying with them if the person needs a break whenever possible

If you are a caregiver and are concerned about being overworked or not receiving enough training and need tips to prevent nursing home abuse, you may find these tips helpful:

• Request help from family, friends, relatives or your place of employment about break times and training options
• Look into adult day care and respite care programs a couple hours each day
• Make sure to stay healthy and active and to see a doctor when you need to
• Find support groups or counseling to help with stress or depression
• Call a nursing home abuse hotline when and if needed
If you are the loved one receiving the nursing home care or other health care and want to know if there is anything you can do to make sure you do not become a victim of nursing home abuse, these tips may help you:

• Make sure your financial and legal matters are taken care of properly or hire a professional to help if needed
• Stay in touch with family and friends to avoid becoming isolated which may increase elderly abuse
• Speak up about your care if you are unsatisfied or would like things handled differently (i.e. tell someone you trust, call a hotline, or contact a lawyer if needed)

Continue reading "Nursing Home Abuse Prevention Tips for you and your loved ones" »

When we decide to put the ones we love in nursing homes, this is a really difficult and emotional decision and we all want to make sure we choose the best possible place for them. However, for many people, including Tennessee residents, the process can seem overwhelming and it is tough to know where to begin. Here are some tips for choosing the right nursing home to help make the difficult process a little easier for everyone. If you have any legal concerns or questions, it is a good idea to speak with a Tennessee nursing home lawyer right away. They will hear your concerns, answer your questions and work with you to make sure your loved one receives the best care possible.

• First it is a good idea to check things out
Look at the atmosphere, and make sure it’s warm, inviting, and the kind of place your loved one would feel comfortable in. Look at how the staff treats their patients. Are they compassionate, kind, and considerate as well as respectful? Do the residents seem happy? Check out the living conditions. Are the rooms spacious? Does the dining area provide healthy food items and special diet program? Are there activities for the residents? What kind of training does each staff member receive? Who handles problems or concerns? Do not be afraid to ask these questions and more and also be aware of your surroundings, making notes when needed.

• Look for cleanliness

A good nursing home facility should be clean and also keep their patients and their rooms clean as well. Ask how often the residents receive a bath or shower and if special care is taken for their medical needs. Ask how often bed linens are changed and how often bed ridden patients are bathed, changed and their medical needs tended to. If you have any concerns about the cleanliness speak up.

• Consider the population of the nursing home

Does the facility have adequate space to meet the needs and wants of all of its residents? What kind of therapy, social and emotional activities or guidance is available to the residents? Is there space for them to sit outside and be safe? What kind of medical units does the facility have for specific medical needs? What is the facility’s visiting policy?

• Find out about Safety and Emergency Plans and Polices

What is the facility policy concerning safety? What kind of emergency and medical plans are available? How many doctors, nurses and specialists are available? Is there a pharmacy? How is the giving out of medication handled? Are there hospitals or medical clinics nearby?

Continue reading "Nursing Home Care: Tips for Choosing the Best Nursing Home for your loved one" »

Trusting other people to care for our loved ones when we can no longer do so ourselves can be very tough and emotional as many residents in Tennessee and across the country already know. However, trusting those people to care for our loved ones can be even more difficult if we fear they may be suffering from nursing home abuse and neglect. Sometimes recognizing the signs of abuse can be difficult, especially since it is not always physical. However, if you feel that your loved one may be suffering from nursing home abuse, it is important to speak with a Tennessee nursing home abuse lawyer right away. They will work with you and make sure your loved ones get the care they deserve.

Although physical abuse may be the most easily recognized form of nursing home abuse, there are several other types of abuse that can and unfortunately do occur. These include emotional abuse, sexual abuse, neglect, financial abuse and fraud. It is important to know how to recognize each type of abuse so that you can report it immediately and get things taken care of for not only your loved ones but others family members as well.

Common signs of physical abuse might include:
• Bruises, scars, sores, and bumps that do not have a reasonable explanation
• Broken or dislocated bones
• Drug overdoses from taking medicine improperly
• Care provider not permitting you to see your loved one

Common signs of emotional abuse might include:
• Seeing a care provider threaten or talk down to a loved one or another patient
• Nervous behavior from a loved one (i.e. rocking, sucking ones’ hands or fingers, and mumbling)

Common signs of sexual abuse might include:
• Bruises near the breasts or genital area
• Vaginal bleeding or scarring that has no reasonable explanation
• Unexplained infections
• Torn clothes

Common signs of neglect from a care provider or of oneself might include:
• Rapid weight loss
• Improperly treated medical conditions and sores
• Dirty room, bed, clothes, or body
• Leaving a loved one unsupervised in public
• Hazardous living conditions (i.e. improperly heated, no water, fire hazards)

Common signs of financial abuse might include:
• Large withdrawals from a loved one’s’ account
• Rapid changes in a loved one’s financial standing
• Items or money missing from room or house
• Services or items being given to a loved one that they do not need

Common signs of nursing home fraud might include:

• More than one bill for the same item or service
• Inadequate care even though bills are being paid
• Signs of being improperly medicated
• Few or no responses to questions concerning a loved one’s care

Continue reading "Tennessee Nursing Home Abuse: Signs to Look For in your Loved Ones" »