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Memphis personal injury law blog

Plan, provide and train strategy can limit construction injuries

The Occupational Safety and Health Administration says falls cause most of the injuries and fatalities on construction sites nationwide, including in Tennessee. The agency devised a model as part of a fall prevention program. They suggest employers should use a strategy that focuses on planning, providing and training to limit construction injuries.

Proper planning before the commencement of high-risk tasks like working at elevated levels might eliminate the need for working at heights or limit the time and number of workers involved in such hazardous conditions. Planning must include which tools, equipment and materials will need to be on the scaffold or other elevated structure, and also how many workers the structure will accommodate. Before moving on, the need for personal protective equipment, toe boards, guardrails and safety nets must be planned.

Understanding Erb’s palsy

As a Tennessee mother-to-be, your developing baby’s health, welfare and safety likely always is at the top of your mind. You consequently do everything in your power to maintain your own good health so that (s)he will benefit from it. Unfortunately, however, you have no control over every aspect of your baby’s birth.

Birth injuries occur in a reasonably small percentage of American births. Nevertheless, if your baby is one who receives a birth injury, those small numbers in no way console you. Depending on precisely which birth injury your baby suffers, the results could have far-reaching effects. Erb’s palsy is one such potentially catastrophic birth injury.

Medical negligence: When is a medical malpractice claim viable?

Under the medical malpractice law, patients in Tennessee who are suffering the consequences of medical errors can pursue financial relief. However, dissatisfaction with a surgical procedure's outcome, or if treatment is not as effective as desired, does not necessarily imply malpractice. A viable malpractice claim typically involves negligence in medication dosage, diagnosis, surgical procedures, treatment, aftercare or health management.

For a court to consider a medical malpractice claim, specific factors must be present. Health care professionals have certain standards to which they must adhere, and if they do not provide the proper standard of care, they might find themselves defending against a claim of negligence. If no injuries result from such negligence, the patient will have no claim. However, if it can be proved that an injury resulted that would not have occurred had neglect not been a factor, the claim is likely valid.

Car accident sends 20-year-old woman to the hospital

A 20-year-old Tennessee woman was rushed to a medical facility in Newport after a two-vehicle crash on Cosby Highway on a recent Tuesday morning. Reportedly, police officers responded at approximately 8:30 a.m. after receiving a report of a car accident. The crash occurred in an intersection in Newport.

According to a crash report, officers arrived at the scene to find two vehicles that had collided. A witness told an officer that one vehicle entered the turn lane and smashed into a car that was waiting to turn. The same information was later obtained from the driver who was hospitalized.

Construction worker survives trench collapse

The hazards posed by excavations in Tennessee and elsewhere can never be emphasized enough. The chances of a construction worker surviving a trench collapse are minimal because one cubic yard of soil can weigh as much as a small car. Being buried under such a load usually causes suffocation long before rescuers can save a victim of a trench collapse.

With such limited odds of survival, a construction worker miraculously survived being buried under three feet of soil in a neighboring state. Reportedly, the incident occurred on a recent Monday morning at a construction site at which workers were digging a trench in preparation to lay a sewer line. According to first responders, the man worked in an excavation with an approximate depth of 18 feet.

Absent anesthesiologist faces medical malpractice lawsuit

Most mothers-to-be in Tennessee are likely to have mixed feelings about giving birth. There is the anticipation of the joy the baby will bring, but then also the fear that something might go wrong during the birthing process. This fear was justified for a woman in another state who filed a medical malpractice lawsuit after she says she underwent a surgical procedure without anesthesia.

The surgeon, the hospital and the anesthesiologist are now facing a lawsuit that was filed by a 26-year-old woman and her fiance. Court documents indicate that the woman's pregnancy became problematic during November last year when it went beyond 41 weeks. Staff at the hospital was unable to detect the heart rate of the fetus and decided to perform a cesarean section.

Don't trust your feelings right after a car accident

There are numerous safety precautions everyone should take to lessen the impact of a car crash. One Memphis family learned this when a mother texted a father driving with their child. The mom reminded the dad to use the baby seat, and a few minutes later, the pair was in a traffic collision. Luckily, the baby was all right. 

In low-speed car accidents, you may feel perfectly fine immediately afterward. However, a few minor aches could actually mask soft tissue damage, which is common for whiplash. You severely jeopardize your future insurance claim if you neglect to receive a medical diagnosis immediately after the collision.

Pursuing wrongful death lawsuits could be challenging

Losing a loved one in a car accident is naturally a traumatic experience that causes not only emotional trauma but also financial hardship. An unanticipated death can ruin the financial security of any family. Every year, many wrongful death claims are filed in civil courts in Tennessee by surviving families of people who lost their lives in crashes caused by others who were negligent.

If a fatality in an automobile accident is caused by the negligence, carelessness, recklessness, willful misconduct or aggressive behavior of another party, those left behind might have grounds to file a wrongful death lawsuit. This often follows distracted, inexperienced or aggressive driving, impaired driving and failure to comply with road rules. Sometimes, the drivers who cause the accidents are not the owners of the vehicles, in which cases, the vehicle owners can also be held liable. Examples include a teenage driver crashing a parent's car or a big-rig driver causing an accident in a company-owned truck.

Catastrophic injuries kill 9-year-old when tree falls on tent

A tragedy that recently occurred at a Tennessee campground might lead to a wrongful death lawsuit. Reportedly, a 9-year-old girl who was heading to the fourth grade was with her parents on their very first camping trip at the Foster Falls Campground over a recent weekend. Authorities report that a tree fell over during the night and landed on the family's tent.

The young girl suffered catastrophic injuries, and her father reportedly escaped with minor injuries. No other injuries were reported. Another camper says a good Samaritan tried to help as much as possible while awaiting the arrival of emergency services. The girl was rushed to a hospital, but she succumbed to her injuries later.

What to do if you are a pedestrian hit by a car

Pedestrians are much more likely to sustain injuries following a traffic collision than someone else who is inside a vehicle. A report from the Center for Disease Control and Prevention found that in 2015, approximately 129,000 pedestrians had to go to the emergency room for non-fatal injuries. 

You may feel shocked, angry and frightened after a pedestrian accident. However, the actions you take in the immediate aftermath will significantly affect the claims process later. You should try to move out of the street if possible to assess your injuries. Otherwise, keep the driver at the scene and follow these steps: 

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