Newsletter Navigation
- Don’t Fall For Mr. Fast Money
- Client Comments
- FDA Tries to Bypass Patient’s Rights
- Workplace Hearing Loss – A Common Danger
- Is Your Nurse Practitioner Supervised by a Doctor? Well, yes . . . sort of.
- Ricky Boren Named Fellow of the Tennessee Bar Association
- Hill Boren Attorney Volunteers to Assist Returning Soldiers
- Welcome New Staff Members
- Recent Settlements
Don’t Fall For Mr. Fast Money
By: T. Robert HillThe February message “Do Not Be Sold Out” apparently struck a nerve with some of our readers. Several people have asked what can be done if my lawyer sold me out to the insurance company by making me accept much less than my case was really worth?
The answer is easy: Hire a new lawyer to investigate your sell out claim. A lawyer who encourages a client to settle a case for much less than the fair value of the case may be guilty of legal malpractice. Only a lawyer experienced with the settlement of similar cases is qualified to evaluate the professional conduct of another lawyer under these circumstances.
Please keep in mind that many factors must be considered when “valuing” a personal injury lawsuit, such as: Is the liability good or is it questionable? How much were the medical expenses? Is there permanent impairment or disability? How much insurance is available? What is the past and future lost income? Are there liens that have to be paid from the proceeds?
If “Mr. Quick Money” undervalues a serious injury claim, then he/she may be legally liable for the shortage his negligence caused. A legal malpractice lawyer can help you determine this.
If you know someone who has suffered a loss in a serious personal injury case because of a “Quick Money Sell Out”, we may be able to help... because we know how.
Client Comments
Dear Hill Boren,
I thank you so much for working my case. I hope and pray I never need you guys again but if anyone I know needs the best I will always recommend your firm. Again thanks for your support and always reminding me things are going to get better. For that I will never forget you.
Hill Boren Client, Gibson County
Dear Victoria and Marie,
Word cannot explain how much I appreciate all and everything you have done for me. Thanks. Thanks. Thanks.
Hill Boren Client, Henry County
FDA Tries to Bypass Patient’s Rights
Under the disguise of improving the information on drug labels, the Food and Drug Administration (FDA) is attempting to prevent lawsuits by patients under state law. This action potentially leaves victims with no remedy for harm caused by an FDA-approved drug.
The FDA hopes the new rule, which takes effect in July, will simplify the information provided to physicians. This new rule “expresses our concern that the labels are cluttered with a lot of information that wasn’t necessarily directly pertinent to the patient and the physician,” said Dr. Scott Gottlief, the FDA’s deputy commissioner for medical and scientific affairs.
However, when reading the fine print one realizes that these changes are not about the patients at all – its about protecting the physicians and the drug companies from liability. Under the new rule, a drug company that puts a dangerous drug on the market and the physician that prescribed the drug would be immune from liability in state courts if the warning label meets the new minimum federal standards.
According to the American Association for Justice (ATLA), this law will have a tremendous impact on people’s ability to hold drug companies accountable for the products they manufacture. “The fact that the drug industry can get the FDA to rewrite the rules so that the CEO’s can escape accountability for putting dangerous and deadly drugs on the market is the scariest example yet of how much control these big corporations have over the political process,” said Ken Suggs, President of the American Association for Justice.
The lawyers of Hill Boren will continue to make sure that patient’s rights are protected in state and federal courts. We are working with associations like ATLA, the Tennessee Association for Justice (TTLA) and elected officials to make sure that agencies such as the FDA do not overstep their authority and violate your legal rights.
If you or someone you know has been severely harmed by a prescription drug, contact our attorneys immediately.
Workplace Hearing Loss – A Common Danger
By: Ricky L. Boren
Thirty million U.S. workers are exposed to dangerous noise levels. It is a significant health problem for carpenters, miners, plumbers, factory workers, construction workers and workers exposed to aircraft, sirens or explosives. Noise induced hearing loss is 100% preventable but once it happens it is permanent and irreversible.
Excessive noise and long term exposure to even moderate noise can destroy the ability to hear and may also put stress on other parts of the body, including the heart. Hearing loss affects job performance, the loss of ordinary enjoyment of life and impairs speech.
If you have worked around loud noises, you may have job-related hearing loss if you are having problems with:
• understanding conversations in noisy environments,
• understanding dialogue in movies,
• understanding children,
In some cases, your hearing loss may be covered by workers compensation. Depending on your situation, you may also be covered by certain health and safety laws such as The 1970 Occupational Safety and Health Act, the January 2005 Supplement to the Longshore & Harbor Workers' Compensation Act, and the 1908 Federal Employers Liability Act.
The Hill Boren law firm is experienced in helping workers with occupational hearing loss. If you have any questions please call us.
Is Your Nurse Practitioner Supervised by a Doctor?
Well, yes . . . sort of.
By: Tamera Hill
Tennessee law requires clinical supervision of certified nurse practitioners. Each nurse practitioner must be supervised by an actively practicing licensed physician. The physician does not have to be present, but he or she must be available for consultation or make arrangements for a substitute physician to be available. The nurse practitioner and supervising physician must jointly develop protocols that define the patients’ standard of care. The physician is ultimately responsible to see that the nurse practitioner complies with the standard of care.
The supervising physician is required to make a personal review of patient charts once every ten (10) business days. However, the physician is only required to personally review 20% of the charts except where medically indicated, when requested by the patient, when prescriptions written by the nurse practitioner fall outside the jointly written protocols, when the nurse practitioner only has a temporary certificate to practice or when the nurse practitioner prescribes a controlled substance.
It appears that the only way to ensure that the care provided to you as a patient is supervised by a physician is to request a personal review. Otherwise, there may be only a 20% chance that your care is ever reviewed by a doctor.
In some cases, this lax level of supervision can lead to misdiagnosis and medical errors in treatment. A nurse practitioner can be sued for their negligence in treating a patient just like the supervising doctor. If you have been seriously injured due to negligent care, call us.....we're here to help and we know how.
Tamara Hill is a lawyer with Hill Boren and a licensed Registered Nurse in Tennessee.
Information for this article was taken from the Rules of Tennessee State Board of Medical Examiners, Division of Health Related Boards, Chapter 0880-6: Rules and Regulations Governing the Utilization and Supervision of the Services of a Nurse Practitioner/Prescription Writer; Physician acceptance of solo-practice nurse practitioners grows, Memphis Business Journal, March 27, 2006; Physicians and Nurse Practitioners in Collaborative Practice, Harvard Risk Management Foundation, Winter Forum 1998.
Ricky Boren Named Fellow of the Tennessee Bar Association
Ricky Boren was one of 33 attorneys recently elected as a Fellow of the Tennessee Bar Foundation, an association of 620 attorneys across the state. The introduction of new Fellows took place in January at the annual Fellow’s Dinner in Nashville.
The Bar Foundation’s purpose is twofold: to honor attorneys who have distinguished themselves in the profession and to administer a grant-making program that supports law-related public interest projects.
In addition to his membership in the Tennessee Bar Association, Ricky is past-president of the Tennessee Association for Justice and a state delegate to the American Association for Justice.
Hill Boren Attorney Volunteers to Assist Returning Soldiers
Hill Boren attorney James Krenis has discovered a new way to combine his legal expertise and patriotism. Krenis recently completed an extensive training session, held in San Diego, to be a volunteer mediator for the ESGR (Employer Support of the Guard and Reserve) program with the national Department of Defense.
The ESGR provides support for the members of our National Guard and Reserve through cooperation from both public and private employers. Through this program, Mr. Krenis and other volunteers act as mediators between the employee and employer to explain the specific laws put in place to protect the jobs of guardsmen and reservists returning from active duty. The goal is to reach an agreement between the two parties. According to the ESGR website, over 95% of cases occurring in the past year have been successfully mediated.
James Krenis has been with the Hill Boren law firm since 2000. He received his law degree from the University of Memphis School of Law and his Bachelor of Arts from Rutgers University in New Jersey. In addition to being a member of the Jackson-Madison County Bar Association and the American Association for Justice, Mr. Krenis serves on the Board of Governors for the Tennessee Association for Justice. He loves living in the south on his small farm with his new daughter, lovely wife, two (rescued) dogs and a horse.
Welcome New Staff Members
The Hill Boren Law Firm continues to grow and add new staff members to better serve our customers. Below is a list of new staff members and their job titles.
Memphis Office
Antigone Duarte - Spanish Legal Assistant/Receptionist
Christy Butler - Legal Assistant
Jackson Office
Keisha Johnson - Accounting Clerk
Constance Lunsford - Legal Assistant to Greg Petrinjak
Angela Sheffield - Receptionist
Traci Stone - Mailroom Clerk
Recent Settlements
Workers Compensation
Jeff Boyd recently represented a 30-year employee who sustained injury to his neck and hearing loss as a result of his job as a machine operator. The plaintiff was 53 years old and unable to return to his employment with factory. The case settled case for $155,000 with open medicals.
A Hill Boren client injured his shoulder when he fell down some steps. His employer denied benefits. At trial, the court found that the employee was entitled to benefits and that the employee was permanently and totally disabled. The judgment was in excess of $400,000.00. The case later settled on appeal. The case was handled by Chris Taylor.
Automobile Accident
Ricky Boren represented a 48 year old woman, who was severely injured in an automobile accident, when another driver ran a stop sign and hit her vehicle. The client sustained a subdural hematoma and significant injury to her leg. The case recently settled at mediation for $215,000.00.
A Hill Boren client sustained a shoulder injury in automobile accident. Her injury required $30,000 in medical expenses for treatment. Jeff Boyd settled the case for the insurance policy limit of $100,000.
John Hamilton represented a client who was injured in car accident. The client suffered severe whiplash injuries to his neck. The case settled for the defendant driver's policy limit of $25,000.
A Candid Conversation with Representative Johnny Shaw
By Chris Taylor
I recently had a candid conversation with Representative Johnny Shaw who currently serves Hardeman County and portions of Madison County. I thought I would share his responses to my questions.
Recently, we have seen vast changes in workers compensation law. How do you think those changes have impacted the average worker?
I have not received much feedback from my constituents regarding the recent changes. I think that it has improved insurance costs for small businesses. However, I do not feel that the changes have made the positive impact that the administration promised me that it would. If I had to do it all over again, I don’t think I would vote for it.
Is there any current legislation that working people in West Tennessee need to be aware of?
We are currently discussing creating a state minimum wage which would raise the minimum wage above the federal standard. I believe the present minimum wage of $5.15 leaves many working people living below poverty.. With the increase in transportation costs and other costs of living, the working people of Tennessee deserve more.
Many states have passed tort reform bills that have capped jury awards. Do you feel that this type of legislation would pass in Tennessee?
Tort reform is brought up every year, but hasn’t passed. We are currently dealing with a bill that would cap medical malpractice jury awards. I don’t think this will make it out of committee. The trial by jury is the backbone of our justice system. The legislature should not dictate a jury’s decision.
