Davis, Kessler & Davis

Southeast Tennessee Personal Injury Law Blog

What does it take to file a wrongful death lawsuit?

When someone dies as the result of another person's negligence or recklessness, the decedent's surviving family members can take legal action through the Tennessee civil justice system. By filing a wrongful death lawsuit against the parties, recovery of damages could be obtained. Typical fatal incidences that give rise to such suits include automobile accidents, medical errors, nursing home neglect, product liability, drowning, premises liability and more.

Defendants in a wrongful death lawsuit could be individuals such as negligent or drunk drivers, doctors, hospitals, medical staff, business owners, auto manufacturers, government agencies in charge of road maintenance, and others. In most cases, the law allows only immediate family members, like spouses and children, to sue or parents if the deceased was a child or unmarried adult. However, exceptions exist in which stepchildren, grandparents and others may file such a lawsuit.

Missed information on an EHR may cause harm to a patient

Medical malpractice is not just about a surgical mistake. The advanced technology used by physicians today includes widespread use of electronic health records in which errors can occur.

Whether an error is caused by oversight, redundancy or some other EHR issue, a patient could be harmed, and a physician could be looking at a charge of medical malpractice.

Older drivers benefiting from safety enhancements

The future of the driving public appears to be bright, even with a growing population of older drivers expected to be on Tennessee roads as more and more baby boomers turn 65 each year. A decade ago, the perception was that older drivers would make roads progressively unsafe, since their slowing reflexes could put them in harm’s way.

However, a study produced by the Insurance Institute for Highway Safety (IIHS) found that fewer older drivers are being killed in motor vehicle accidents. Researchers analyzed crash rates between 1997 and 2012 and found that the number of older drivers involved in fatal crashes dropped by 39 percent during that time. In fact, this fatality rate was better than younger drivers who ostensibly were less likely to be killed in crashes.

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