Knoxville Tennessee Legal Blog

Medical malpractice and informed consent in Tennessee

Most Tennesseans trust their doctors. They turn to these highly educated and trained professionals for quick and accurate diagnoses of medical conditions, as well as effective treatment. Yet, far too often medical professionals fail to live up to this responsibility, thereby putting innocent individuals at risk of being seriously injured, developing a worsened medical condition or dying. When this occurs, a medical malpractice lawsuit may be justified.

One way that medical malpractice can manifest is through treatment that goes beyond the scope of informed consent. Prior to proceeding with a course of treatment, a doctor must explain the diagnosis to the patient in clear and easily understandable terms. Then, the medical professional must explain each available course of treatment, including its risks and benefits. A doctor should also inform the patient of the risks of not seeking treatment. Only after a patient has received this information can he or she adequately consent to a course of treatment.

Is the driver next to you drunk or just drowsy?

You never know who is driving the vehicles around you as you travel Tennessee's roadways. The person driving the next vehicle might diligently pay attention or not. You have no way of knowing.

Then again, some driving behaviors at least alert you to the fact that something just isn't right with the driver. Swerving, speeding, abruptly changing lanes and more could give you pause and reason to attempt to get away from that vehicle. In fact, you might speculate that the driver is drunk, but you could be wrong.

Knoxville firm stands up for those hurt in car accidents

It is important that all motorists in Tennessee understand the dangers of cellphone use while driving. The grim reality is that those who manipulate their cellphone while driving can wind up essentially driving blind over the course of great distances. This is because when traveling at a high rate of speed it doesn't take long to drive hundreds of yards in the briefest of moments. Therefore, sending a text, checking an email or surfing the web, even intermittently, can put other motorists at extreme risk of being injured in a car accident.

Perhaps the most tragic part of these wrecks is that they are wholly preventable. This is why the law allows a car accident victim to seek to impose liability from a negligent driver and, if warranted, recover compensation for damages caused. Of course, this isn't always an easy task because defendants usually claim that they weren't in the wrong. Instead, they may try to place the blame on the car accident victim.

The trustee's breach of the fiduciary duty in Tennessee

Utilizing one or more trusts can be an effective way to plan for the distribution of an estate. Through a trust, an individual in Tennessee can set terms on the release of assets, thereby giving them control over their estate even long after they gone. These trusts are managed by trustees who are either named in estate planning documents or appointed by a court. These individuals carry a heavy responsibility because they act as fiduciaries, meaning that they must act in a way that furthers the best interests of the trust and its named beneficiaries.

A fiduciary may have many responsibilities. He or she may be charged with distributing assets in accordance with the terms of a trust, but he or she may also be responsible for investing trust funds and accounting for all assets in a trust. Failing to adhere to any of these duties can result in a breach of a trustee's fiduciary duties, which could justify legal action.

Business litigation and fraudulent misrepresentation

In the business world, a lot depends on the creation of and adherence to contracts and other agreements. These contracts can pertain to just about anything, from funding processes and supply chain functionality to employment terms and work processes. Of course, there is often a lot of negotiation that occurs before these agreements are formalized, but sometimes false promises are made or important facts are inflated in order to close the deal. When this happens, legal action may be justified.

Fraudulent misrepresentation is all too common in the business realm. This illegal act occurs when a false representation is either knowingly or recklessly made with the intention of another party relying on it to their detriment, thereby resulting in financial harm. This type of misrepresentation can occur in a number of ways and in a variety of contexts. For example, a supplier may flat out lie about having access to highly desirable goods in order to secure a contract. This type of intentional act will qualify as fraudulent misrepresentation so long as detrimental reliance and financial harm can be shown.

Dangerous cellphone use could lead to car accidents

Knoxville-area residents and tourists are often seen operating their motor vehicles while engaging their cellphones. Some of these individuals are utilizing GPS, while others are using the device for surfing the Internet, texting or talking. Regardless of how or why a phone is being used, it can take an individual's attention away from road. This can increase the chance of being involved in a serious car accident by as much as 66 percent.

In fact, a recent study conducted by the Insurance Institute for Highway Safety found that, although overall cellphone use while driving is on the decline, motorists are still using their phones in risky ways, which may mean that we will see more of these wrecks in the future. The study found that, while the number of motorists talking on their cellphone while driving has gone done since 2014, drivers manipulating their phones while behind the wheel increased 57 percent in 2018 compared to drivers in 2014. This is very troubling considering that 800 people were killed in 2017 in accidents attributable to cellphone manipulation.

If you suspect medical malpractice, what should you do next?

When you go to a doctor, it is with the expectation that you will receive care that meets a certain standard. It can be devastating for a Tennessee patient to suffer harm or additional medical issues because of a lack of quality care while seeing a doctor or in the hospital. Medical malpractice is unacceptable, and victims have the right to hold liable parties accountable.

If you think this is a reasonable course of action for you, how should you move forward? As a victim of medical malpractice, the thought of filing a civil claim may seem overwhelming to you at this time. Before you proceed, it can help to seek a full understanding of how the civil claims process works and what you can do to protect your interests as you proceed.

The basics of premises liability claims in Tennessee

Entering onto the property of another should not be a frightening endeavor, especially when one is invited onto the premises in question. Every day, Tennessee residents enter grocery stores, retail outlets, gas stations and even the yards and homes of neighbors and friends to conduct their daily business. Oftentimes, we give little, if any, thought about the safety of these premises, but the truth of the matter is that they can pose serious hazards that can leave an individual with serious injuries.

Fortunately, those who have been harmed while on the property of another may be able to recover compensation for their damages by pursuing a premises liability lawsuit. To succeed in one of these claims, though, certain legal elements must be proven. Boiled down, it must be shown that a property owner failed to live up to an applicable standard of care, and that failure caused the victim's injuries.

Consider legal help for breach of contract issues in Tennessee

Previously on this blog we discussed the remedies that can be sought for breach of contract. In many cases, those who have been wronged seek compensation for their financial losses. Then, they may either seek to continue the contract or rescind it so that no further obligations are owed. Proving breach of contract and recovering this compensation may sound easy enough, but the truth is that it can actually be quite complicated. Parties to the agreement may have differing accounts of the event that is alleged to have caused a breach, and the terms of the contract itself may be vague or ambiguous.

When breach of contract leads to losses, legal action is justified. However, those who have been wronged need to make sure they have the best evidence possible before moving forward with a claim. This may mean collecting all pertinent documentation and correspondence, and discussing the events in question with potential witnesses. Only then can a wronged party best position itself for success during settlement negotiations and trial.

Business law and the commercial property lease

Starting and expanding a business in Tennessee are two completely different, yet equally challenging, endeavors. It requires extensive legal know-how and fully informed decisiveness that is on-point. This applies to every aspect of a business, from business formation, hiring employees, entering into contracts and even finding the physical space in which to carry out the business. Knowledge and foresight is key when addressing any of these issues.

One such issue is leasing commercial property. When looking to set up, move or expand a business it is critically important to ensure that the premises on which the business is to be carried out is suited to its needs and that the costs do not eat too deeply into company profits. Some businesses choose to buy commercial property, but many other businesses choose to lease commercial property instead.

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The Hurley Law Firm

The Hurley Law Firm, P.C.
205 Mohican Street
Knoxville, TN 37919

Phone: 865-888-5472
Fax: (865) 546-8121
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