September 2009
- Don't Let Time Run Out on Your Claim - Take Action Now
- Laid Off, Downsized, or Bought Out?
- Gradually Occuring INjuries - What You Need to Know
- Honors & Accomplishments
- New Additions to HIll-Boren
- Medical Malpractice & Nursing Home Neglect Cases - More Than Meets the Eye
- Top Ten Medical Events that Should NEVER Happen Part II
- Recent Settlements
- Dangerous Product Docket
Don't Let Time Run Out on Your Claim - Take Action Now
By: Chris Taylor
The symptoms were there. The doctor missed them and a misdiagnosis occurred. Months later, cancer was found. However, it was too late. There was nothing they could do. The patient and family were devastated. A year and two months later, they decided to sue the doctor who ruined their lives. But there was one problem – they had waited too long. The statute of limitations had expired.
Turning away a client who has a legitimate case is one of the most difficult things for a lawyer to do. Most people are not aware that there are time limits on when they can file a claim against someone who did them harm. But, those time limits, called statutes of limitations, do exist.
A statute of limitation is a law that places a time limit on pursuing legal action in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured party loses the right to file a lawsuit seeking money damages or other relief. Most statutes of limitation begin on the date of injury or the date the injured party discovered the injury.
The following is a list of common situations that are cause to bring a lawsuit and their current statutes of limitation in the state of Tennessee.
- Professional Malpractice: 1 year
- Personal Injury: 1 year
- Injury to Personal Property: 3 years
- Product Liability: 1 year
It may be possible to bring multiple causes of action from a single incident of wrongful conduct. So even if it appears that the statute of limitations has run out, it may be possible to bring a different claim. Also, there may be an exception to the standard limitations period that applies to your situation.
If you have questions regarding a potential claim, contact a lawyer at Hill-Boren today for a case evaluation. We are here to preserve your legal rights.
Laid off, Downsized, or Bought Out?
By: Mike Hartup
Unfortunately, many people are suddenly finding themselves without a job during these economic hard times. Worse yet, they are realizing how limited the current job market is, and finding it is next to impossible to find other work. However, if you are over age 50, have a history of physically demanding work, and have a physical impairment that limits you to light or sedentary activity, you may may be eligible for Social Security disability benefits. It doesn't matter that your last work was terminated for reasons other than your physical impairment, nor does it matter that you may have received severance pay.
If you are having difficulty finding work that you can physically perform, give our Social Security Department a call for a free evaluation.
Gradually Occurring Injuries - What You Need to Know
You can be compensated for injuries that happen to you over time as a result of doing the same repetitive physical activity at work. Worn out knees, backs, shoulders and wrists may be compensable injuries. These Gradually Occurring Injuries are common and many workers don’t know they are eligible for compensation until it is too late. For a claim to be valid, workers must have told their employer about the injury when they knew they had an injury caused by work (this is often not until after a doctor or lawyer tells them). Workers often only have one year after the injury prevents them from working to file a claim. Because this is a complex and changing area of the law, law firms must be dedicated to staying up-to-date on the latest changes in the law. Hill-Boren excels at staying current on laws related to Gradually Occurring Injuries. Call Hill-Boren today for a free case evaluation related to your work related injury.
Honors and Accomplishments - The Lawyers of Hill-Boren
T. Robert Hill was the recipient of the William D. Smart Race Relations Award, which was presented at the NAACP 2009 Annual Freedom Banquet on May 24. This award was present to Mr. Hill for his committed efforts and initiatives promoting cultural diversity and racial harmony in the community and surrounding counties. Mr. Hill also served as Honorary Co-Chair for the event. He is pictured with Dr. Melvin Wright, Honorary Event Co-Chair as Helen Owens, 1st Vice President of the Jackson-Madison County NAACP presents the award.
New Additions to Hill-Boren
The Hill-Boren Law Firm has recently made some additions to their staff in the Jackson office. These new employees will be able to assist the staff of Hill-Boren with the growing client base and their needs. Call Hill-Boren today for a free case evaluation and let our knowledgeable staff assist you with your legal needs.
Monica Olson of Jackson is the new receptionist at Hill-Boren. Her training is in Psychology and her hobbies include photography, music, cycling, traveling and writing.
Leah Jones is Hill-Boren’s new mailroom clerk. Mrs. Jones resides in Medina with her husband Brandon and is originally from Brighton, TN. She is a 2006 graduate of Union University with a Bachelor’s degree in Christian Studies. Leah is an active member of Lifespring Church and also enjoys scrapbooking and reading.
Cynthia Dawn Wilson is the new legal assistant to Greg Petrinjak. Originally of Bartlett, TN, Mrs. Wilson and her husband Brian currently reside in Jackson. A graduate of Immaculate Conception High School in Memphis, Cynthia enjoys traveling, photography, singing, scrapbooking and sewing.
Susan Walton Banks will be serving as the new legal assistant to Michael H. Hartup, Jr. Ms. Banks is a resident of Jackson and a graduate of Memphis State University with a Bachelor’s degree in History. She also studied to be a Paralegal at San Francisco State University. Susan enjoys gardening, watching movies, reading and being an active member of the Madison County Democratic Party.
Medical Malpractice & Nursing Home Neglect Cases - More Than Meets the Eye
Before a jury ever gets to meet any of the participants in a courtroom, the person injured by medical malpractice or nursing home abuse and neglect has to satisfy several requirements.
First, the injured person or his family must provide notice of a possible lawsuit 60 days before it can be filed. This notice has to give the injured person's full name and date of birth, the name and address of their representative, the name and address of their attorney if they have one, the names and addresses of all other potential defendants AND a HIPAA complaint medical authorization permitting each potential defendant to obtain the complete medical records on the injured person from every other potential defendant.
If and when a complaint is filed, the injured party or his attorney must provide proof of notice. The notice does extend the 1-year statute of limitations in TN by 120 days. Other states have 2 and 3-year statute of limitations provisions.
Every party, including all potential defendants and the injured party have the right to receive the medical records of the injured party (the injured party or his attorney must pay for all copies they receive) within 30 days of their properly authorized request. Medical records must be provided to the experts for review and the experts must be paid for their time. (Experts for injured parties and for defendants are all paid - the difference is the insurance company pays the defendant's experts, not the defendant).
In addition, if and when a complaint is filed, the injured party or his attorney must file a Certificate of Good Faith. A Certificate of Good Faith means that a physician or multiple physicians, who are experts in the particular field in which the injury occurred, have reviewed the medical records and determined that the potential defendant(s) committed medical malpractice.
These experts have to be competent to express opinions. They have to have an active practice in the year preceding the injury in the same area or specialty as the potential defendant(s). Their license must be current, active and in good standing. They have to be from Tennessee or a contiguous state. (It can be difficult to find a Tennessee physician to serve as an expert for a party injured by medical malpractice because they almost all belong to the same malpractice insurance group (SVMIC) and receive dividends when the group does not have to pay claims). Other states allow experts from all over the country. They also must be familiar with the community in which the injury occurred. Finally, they have to provide a signed, written statement that they meet all these requirements and that based on the available information in the medical records, there is a good faith basis to file the lawsuit.
Attorneys who fight for injured people do not charge for all of this preparation up front to determine if there is a case. If there is no case, then they usually "write off" these expenses. (Only if the case is successful do they get reimbursed). Therefore, most attorneys, such as those at Hill Boren, are very selective in the cases they pursue.
Once a lawsuit is filed, the injured party must continue to "jump through hoops" as defense attorneys try to trick them in deposition, put words in their mouth and undermine their credibility. Defense attorneys will also try to discredit and disqualify the experts supporting the injured party's claims. If they are successful in disqualifying the experts, the case will never see a jury. If they cannot disqualify the experts, and the case does not settle before trial, only then will a jury meet the participants in the courtroom. (This process can take years to complete).
The next time you are asked to serve on a jury for a medical malpractice or nursing home abuse/neglect case, stop and think....Would these parties really be here if this case was frivolous? The answer is a resounding NO.
Top Ten Medical Events That Should NEVER Happen, Part II
Medical errors can happen to anyone at any stage in life. Often, patients don’t realize that wrongdoing took place until months after the event. The result can often be serious disability or even death.
In our last issue, we listed ten medical events that are definite red flags for medical malpractice from the National Quality Forum. As a result of the overwhelming response from readers, we have decided to continue the list with the next ten medical events that should never happen to your or a loved one.
1. Patient death or serious disability due to transfusion of the wrong blood type.
2. Maternal death or serious disability associated with labor or delivery on a low-risk pregnancy while being cared for in a healthcare facility.
3. Stage 3 or 4 pressure ulcers acquired after admission to a healthcare facility.
4. Patient death associated with a fall while being cared for in a healthcare facility.
5. Patient death or serious disability associated with hypoglycemia, the onset of which occurs while the patient is being cared for in a healthcare facility.
6. Death or serious disability associated with failure to identify and treat jaundice in newborns.
7. Patient death or serious disability due to spinal manipulative therapy.
8. Patient death or serious disability associated with a burn incurred from any source while being cared for in a healthcare facility.
9. Patient death or serious disability associated with the use of restraints or bedrails while being cared for in a healthcare facility.
10. Death or significant injury of a patient or staff member resulting from a physical assault (i.e., battery) that occurs within or on the grounds of a healthcare facility.
If you or a loved one has experienced any of these events, call Hill-Boren today for a free case evaluation.
Recent Settlements
Attorney Greg Petrinjak represented a lady who suffered multiple fractures to her foot from a sideswipe collision with another driver. The other driver insisted that he never crossed the centerline and was not at fault. The case went to trial recently and our client received an award of $80,297.
Greg Petrinjak recently represented a man who was laid off from his job recently due to a factory closing. As a result of the factory closing, Mr. Petrinjak was able to reopen the client's prior workers’ compensation case and ask the court to award additional benefits. This reconsideration claim was settled for an additional $45,000 in benefits.
Mr. Petrinjak represented a man who fell at work, injuring his back. He underwent surgery for compression fractures in his spine, but was not able to return to his old job. The case was settled out-of-court for $66,083, plus lifetime future medical benefits related to the back injury.
Greg Petrinjak recently represented a man who suffered injuries to his knee at work and underwent surgery. After being released from the doctor and trying to return to work, the employee was fired. The insurance company wanted to settle for about $7,500. After obtaining a second-opinion medical exam and properly preparing the case, Mr. Petrinjak was able to settle the case for $34,200, plus lifetime future medical benefits.
Attorney Jeff Boyd represented a client who sustained a herniated disk in his neck after bumping his head on a pipe at work. His employer refused workers’ compensation treatment alleging that the employee could not have injured himself with such a small trauma. The Tennessee Supreme Court Workers’ Compensation Appeals Panel affirmed an award of $118,950. The employee returned to work at his prior job making the same wage.
Jeff Boyd represented an employee who worked for a tool manufacturer for a number of years and alleged injuries to both shoulders, both arms (carpal tunnel syndrome) and her back. The employee had surgery for both shoulders, even though her employer disputed the work relatedness of all of her injuries. The case settled, out-of-court, for $120,000. The employee has open medical benefits for life to be paid for by her employer.
Mr. Boyd represented a client who was an 18-wheeler driver that was involved in a wreck while driving his rig. The driver sustained a fractured heel in the wreck but recovered and returned to work without restriction. His workers’ compensation case settled for $10,307 with open future medical benefits for life. After the settlement of the workers’ compensation case, the driver pursued the negligent driver of the car that caused the wreck and settled for an additional $30,000.
Jeff Boyd represented an employee who sustained a severe arm fracture at work in 2004. He recovered and returned to work in 2005 and the initial case was settled under the "caps." When MTD Brownsville laid him off, the employee was able to Petition for Reconsideration and settled the reconsideration case out of court for $40,417 more than he got in the original settlement.
Mr. Boyd represented a client whose vehicle was crashed into by an 18-wheeler trying to make a right hand turn in Memphis. The impact of the crash was not that severe, but the client sustained whiplash-type injuries that required medications. As a result of the medications, the client developed gastrointestinal problems requiring additional medical treatment. Ultimately, the client fully recovered. Case settled out-of-court for $45,000.
Attorney James Krenis James Krenis represented an employee who hurt her knees working for 20 years climbing up and down little steps at her job. The workers’ compensation trial took place in Madison County after 4 years of persistence by Mr. Krenis. The final judgment was $175,000 for the employee.
James Krenis represented a woman who gradually injured her arm, knee and back while at work over time. The final settlement awarded was $50,000.
Mr. Krenis represented a Lauderdale County resident who hurt his knee while working as a mechanic. As a result of a previous knee problem, the insurance company only paid for his medical treatment until his doctor said he needed surgery, and then treatment was denied. His employer went bankrupt and he could not get another job while he was injured. Mr. Krenis proved to the Department of Labor after several depositions that the surgery should be paid by the company and that the client should get workers’ compensation for the time he was unable to work full time. The ruling was in favor of the client. The company appealed the decision but the client won the appeal as well. Confidential Settlement.
James Krenis represented a Hispanic construction worker who fell 17 feet from a roof. The fall resulted in a broken femur and arm for the client. Although the insurance company and doctor said he was fine, Mr. Krenis was able to win the client a $132,000 settlement.
Attorney Shannon Toon represented a 28-year old correctional officer who sustained injuries to her right knee and left ankle when she fell walking down some steps. She was diagnosed with a right knee sprain with patellofemoral pain and a left ankle sprain with a bone bruise. Despite her authorized treating physician releasing with no restrictions, she continued to experience ongoing symptoms related to her injuries. Mr. Toon was able to resolve the workers' compensation claim for $ 17,602 along with future medical treatment for her reported injuries.
Shannon L. Toon represented a 57-year old equipment service employee of Northwest Airlines who sustained gradual hearing loss in both his ears. At the time of his retirement and after 36 years of service, the employee was informed of his need for hearing aids as a result of his prolonged noise exposure. Mr. Toon was able to negotiate a settlement of $17,014 along with future medical treatment related to the injuries sustained.
Mr. Toon represented a 31-year old hotel employee who was struck by a stack of falling crates injuring his right hand. He was diagnosed with fractures of the second and third metacarpal. The employee's injury ultimately required surgery. Mr. Toon was able to settle the employee's workers' compensation claim for $26,737. In addition, his medical care for this injury will remain open for life.
Shannon L.Toon represented a 51-year old factory worker who sustained gradually occurring injuries to both her arms performing the repetitive duties of her job. She was diagnosed with bilateral carpal tunnel syndrome. Surgery was performed on her right arm. However, she elected not to proceed with surgery on the left arm based upon minimum improvement she received on the right side. Mr. Toon was able to resolve her workers' compensation claims for $19,096 despite her treating physician assigning no permanent impairment for the injury to her left arm. She also has open future medical treatment for the injuries to her arms.
Attorney Shannon L. Toon represented a 45-year old maintenance technician for an injury occurring when his left middle finger was crushed by a hydraulic cylinder. He was diagnosed with an open fracture which ultimately resulted in a partial amputation of the left middle finger. Mr. Toon negotiated a workers' compensation settlement for him in the amount of $17,747 with open future medicals for any complaints related to his work injury.
Attorney Chris Taylor represented a West Tennessee woman who sustained a bilateral Carpal Tunnel injury. After surgery, she returned to work and received one and one-half of her impairment rating or $12,683. Her plant announced it would be closing and she received an additional 15% for each arm or $25,366. Additionally, she sustained new injuries to her elbows and received a
settlement of $34,633.
Mr. Taylor represented a Memphis man who sustained an injury to his shoulder while on the job. After conservative, nonsurgical treatment he returned to work for his employer. After returning to work, he reached a settlement for $40,326. He has a right to future medical treatment and retains his right to reopen his case if he is forced to lose his job.
Chris Taylor represented a Memphis man who injured his lower back in the course and scope of his employment. He had surgery performed on his lower back. After therapy, he returned to work for his employer. Following his return to work, he settled his case for one and one-half the impairment rating or $26,274. Subsequently, he was laid-off indefinitely by the company. His case was reopened, and he received an additional settlement of $38,536.
Dangerous Product Docket
Generators Recalled
Homelite, Husky and Black Max generators have been recalled due to fire hazards. The models, sold exclusively at Home Depot and Sam’s Club Stores between July 2008 and May 2009, pose a fire hazard to users due to faulty fuel gauges that can leak excessive amounts of gasoline. There are several models included in this recall. If you have recently purchased a Homelite, Husky or Black Max of generator, go online to hillboren.com for a list of all models included in the recall.
Trimmers Recalled
Black & Decker announced a recall of their Grasshog XP String Trimmer. The trimmer/edger’s spool, spool cap and pieces of trimmer string can come loose during use and become airborne projectiles, posing a serious laceration hazard to the user, as well as bystanders. The trimmer/edgers can also overheat, posing a burn hazard to consumers. Black & Decker has received more than 700 reports of incidents, including reports of injuries and minor property damage.
Wii™ Battery Recharge Stations Recalled
Psyclone Essentials and React Wii™ 4-Dock Battery Recharge Stations have been recalled by the manufacture, Griffin International. The battery pack can overheat, posing a burn or fire hazard to the consumer. The Wii 4-Dock Recharge Station includes a white docking station with four recharge stations and a four rechargeable battery pack and were sold at Target, Toys R Us, Best Buy and Amazon.com nationwide from January 2008 through July 2009.
