A new proposed law traveling through the TN state legislature may affect future malpractice cases – and not necessarily in a good way. The bill – HB2979 (also SB2789) – would allow attorneys for health care providers in medical malpractice cases to access all medical records of the patient filing the claim, including mental health records and any records related to drug or alcohol abuse, even if the previous treatments had nothing to do with the current malpractice case. The law would also allow the health care provider’s attorney to interview the patient’s doctors without the patient or patient’s attorney present. What could this mean for people trying to file medical malpractice cases in Tennessee? For one, this new proposed
We pause this weekend to remember those who have, as Abraham Lincoln said, given “the last full measure.” This Memorial Day, I suggest a walk through a national cemetery. As you look at the long lines of markers, you will see one that says “the price of freedom is visible here.” I once wore the uniform of a United States Marine Corps Officer, so it is a special honor and privilege for me to thank those of you who are currently serving and those who have served in the past. Anyone who has served knows that military service is something that stays in your heart and mind for life. I hope and pray that all of your lives are long
As we recover from holiday spending and head into spring, for some it may feel like debt has taken over their lives and 2015 looks glum. Are you suffering in silence over money owed and don’t see a viable way out? Bankruptcy may be a good option for you when all hope feels lost. If you’ve reached a point where you cannot pay all that you owe, bankruptcy can allow you to have a fresh statt. What does filing for bankruptcy entail? How much will it cost? What does that mean for the average person? Below are several of the frequently asked bankruptcy questions we get in Memphis. Why does bankruptcy have such a negative connotation? While bankruptcy often gets
As Pinnacle Airlines deals with filing a Chapter 11 bankruptcy, Memphis International Airport and One Commerce Square downtown are both dealing with potential fallout. But according to Memphis Business Journal, the effects may be minimal – especially for the city of Memphis. In the Journal’s recent article on the bankruptcy, Larry Cox, president of Memphis-Shelby County Airport Authority, says he doesn’t believe Pinnacle’s changes will hurt the airport. The article states: Bankruptcy is not the shameful thing many think it is, according to Cox. “In the airline industry, just about everybody but one or two airlines have gone bankrupt, and some of them several times,” he said. “It’s just a way for them to align their costs with their
Tennessee attorneys and injured workers have known it for years: our lawmakers are trying to make it harder and harder to fight for workers’ comp benefits. They made some progress in 2014. They cut disability benefits, made it harder to show injuries are work-related, and moved the claims to a new administrative court. As a result, claims are down. Many workers’ comp lawyers don’t feel it’s worth it to take new cases, especially with their fees set by law to a small portion of their clients’ past-due benefits. But here’s the funny thing about workplace injuries: they don’t just suddenly stop because we try to limit the claims. People are still getting injured at work, they’re still looking for someone to cover
Over 40,000 people die every year from car accidents, with approximately 100 deaths in Memphis alone. Countless more people struggle with accident-related injuries from whiplash to spinal cord damage. Our Memphis car accident attorneys see victims of crashes all the time who never expected that someone else’s negligence could change their entire lives. In fact, car accidents are the leading cause of personal injury claims in Memphis and all over the country. If you are injured in a car accident and it wasn’t your fault, our attorneys can help you to get the compensation you deserve. But we go further than that: we will give you the respect and compassion you need while going through this difficult time. Our attorneys
By: Darrell Castle Pain and suffering is one of the many determining factors in how much compensation you’ll receive when you’re injured in a car accident that wasn’t your fault. Pain and suffering is the legal term for physical, mental and emotional stress caused by an injury. The physical stress is obvious after a car accident. The mental and emotional stress can be things like fear, insomnia, grief, worry, inconvenience and a loss of life enjoyment. For example, let’s say you LOVED to run. You’re someone who trains almost daily to run in marathons regularly. It’s — by far — your favorite hobby. One day you were driving down Poplar on the way to work and as you passed an
Tennessee saw a substantial rise in traffic fatalities during the first quarter of 2012, and law enforcement has started taking extra precautions. The Commercial Appeal reports that fatalities due to car accidents across the state have risen nearly 30% since the same time last year. However, with exactly the same fatality rate in the first quarter of 2012 as it had in 2011, Shelby County and the Memphis area dodged the alarming trend. The increase follows a long period of decline in road crash fatalities. 2011 had the lowest recorded fatality rate in Tennessee since 1962. Law enforcement plans to increase their presence on road in the coming months and look not only for reckless and aggressive driving, but for
According to The Commercial Appeal, the entire congregation of Great Commission Church in Memphis is working to get out of debt. The group has a total of over $2.3 million in non-mortgage debt. To get rid of it, they’re selling their possessions, creating emergency funds, and settling the smaller debts first. As a bankruptcy attorney, I always say you should get out of debt by any means necessary. So I think it’s great that this group is taking practical steps to get rid of their debt. Debt is a terrible thing. It can hurt your marriage and family. It can keep you from pursuing your dreams. It can hold you back for your entire life. I also know that sometimes
City workers in Memphis – who took a hard loss this summer from pay cuts – will have one relief in coming weeks: they get six pay periods off from paying health care premiums. If you work for the city of Memphis, that means you might save as much as $70-$150 each pay period. Here are the weeks you’ll see a change: September 2 September 16 September 30 October 14 November 23, and March 30 This relief comes from a surplus in health care funds following the pay cuts made this summer and changes to benefits in 2010. But many city workers don’t feel relieved. The extra funds have been taken in part from higher insurance costs that