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Kingsport Personal Injury Law Blog

Controlled crashes in Tennessee may help prevent other crashes

No matter where you live in the state of Tennessee, you cannot avoid hearing news about catastrophic car or trucking accidents. Because people like you hear about or witness so many of these accidents, it easy to believe that no person in any authoritative role cares about the crisis. You might be relieved to know that the truth is just the opposite.

Authorities in the entire state of Tennessee are always looking for ways to reduce car and trucking accidents and minimize any collateral damage they cause. This collateral damage comes in many forms. For example, at roadway accidents, other motor vehicles often crash into first responder automobiles or into cars and trucks flowing within traffic patterns.

The ABCs of asbestos

Many people are aware that asbestos is dangerous, but they may not understand how far-reaching the consequences of this mineral's use may be.

To reduce the damages it causes, it is critical that people fully understand asbestos. 

Fatal medical malpractice is more common than you may think

It is safe to assume that most Tennessee residents are aware that medical malpractice is a risk when undergoing any procedure. Even knowing about such a risk does not typically prevent those in need from consenting to treatment because medical procedures do save lives. However, you might not be as informed as you think about medical malpractice in the United States.

For many years, the only data available regarding deaths due to malpractice came from a 1999 report by the Institute of Medicine. The report indicated that approximately 98,000 people die each year because of malpractice. In recent years, several organizations have attempted to uncover more information about fatal medical malpractice in the nation.

Liability in defective generic drug cases is complicated

Generic drugs can save residents of Tennessee thousands of dollars or more each year. They are manufactured to the precise specifications of their brand name counterparts. This means that they are exactly like the brand name prescription drugs that cost so much more.

Generic pharmaceuticals must also contain precisely the same labels that brand name drugs contain. In fact, only brand name drug manufacturers can alter the warning labels on generic drugs. Because of this labeling requirement, generic drug manufacturers are typically exempt from lawsuits involving defective drugs.

Time limits on lawsuits involving defective medical devices

Despite strict safety standards and exhaustive testing procedures, defective medical devices still injure consumers. While many people may wonder how faulty devices make it past screening procedures, those injured by defective medical devices are more interested in how to remedy their situations.

Fortunately, the law provides a solution in the form of product liability lawsuits. However, those who have been injured need to understand that certain limitations exist in product liability law that may affect the eligibility to file such a suit. Each state has its own set of laws governing how product liability cases work. These laws include time limits on when injured parties can take legal action.

Identifying a medical device defect

Physicians and their patients trust medical devices to aid in treating or fixing certain ailments or injuries. When those devices have defects, they can cause additional harm.

Thankfully, it is possible to seek reparations with a medical device claim. One of the key aspects to winning such claims is to show the defective nature of the products, and there are a few ways that devices obtain this designation.

Truck driver gets a 55 year sentence for fatal Tennessee crash

In 2015, a truck owned by the London-based company, Cool Runnings Express Inc. failed to stop when it approached stalled traffic on a Tennessee highway. The truck reportedly plowed into several cars, resulting in the deaths of six people -- two of them children. Four other victims of the trucking accident suffered serious injuries.

The authorities released the 42-year-old male driver after the trucking accident, but a Tennessee jury indicted him later in 2015. However, the defendant remained at large for several days until he was arrested in Kentucky on charges of resisting arrest and trafficking methamphetamine. Before his capture, he also held a spot on the Tennessee Bureau of Investigation's Top 10 Most Wanted list.

Asbestos still affects many Americans, even in Tennessee

Widespread ignorance about the hazards of asbestos is practically obsolete. Nearly everyone now knows that asbestos is a very dangerous material that could lead to fatal illnesses like mesothelioma.

Most people believe that asbestos is 100 percent banned in the United States. In truth, manufacturers still use asbestos in many products. These include:

  • Motor vehicle parts: Clutches, brake pads and gaskets used in all types of automobiles may contain asbestos.
  • Materials used in construction: Plaster, insulation and floor tiles often contain asbestos putting construction workers and homeowners at risk of exposure.
  • Fireproof products: While created to enhance safety, some fireproof materials contain asbestos because it is naturally resistant to fire.
  • Fertilizers: Potting soil and fertilizers containing the mineral vermiculite often contain asbestos fibers as well.

Are distracted doctor mistakes a form of medical malpractice?

Across the nation, hospitals, clinics and doctors' offices have come to rely on technology to improve the healthcare services provided. Unfortunately, the very technology responsible for advancing medical treatment may also be endangering patients.

Now that it is possible to hold advanced tech in the palm of one's hand, some medical personnel are falling prey to device distraction.

How dangerous are blood thinners like Pradaxa and Xarelto?

As you probably already know, any drug can be dangerous to humans. Even over the counter drugs have injury risks, but these are usually minimal when people use the medicine correctly. Despite the dangers, many drugs have benefits that outweigh the risks in most cases. Blood thinners are good examples of risky drugs that can actually save lives.

Physicians prescribe blood thinners to prevent or treat certain health conditions such as atrial fibrillation, pulmonary embolisms and deep vein thrombosis, to name just a few. Blood thinners can prevent clotting in these patients, which can complicate or worsen their conditions. While these medications can save the lives of patients with these conditions, they also carry serious injury risks.

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