Medical professionals have a duty to provide adequate care for their patients. Failure to adhere to the appropriate standard of care is a type of negligence known as medical malpractice. Malpractice can occur as the result of a wrongful action taken, or when an appropriate action is not taken; a medical condition might be misdiagnosed, not diagnosed at all, treated improperly, or simply left untreated.
An experienced attorney can be an invaluable asset in determining the appropriate course of action to take regarding a medical malpractice issue. Because the provision of medical care is a highly technical and specialized field, expert testimony is often required to establish the connection between the actions of the medical practitioner and the resulting injury. Cases brought under the Indiana Medical Malpractice Act are subject to special rules regarding how the case proceeds and the extent of recovery available. Important factors to consider regarding medical malpractice include:
Statute of Limitations
Victims generally must bring any action within one years of the negligent act or omission. This statute of limitations may be hard to define in cases where the fact of the negligence was not discovered until months or even years after the negligence occurred. An experienced attorney will know how to determine the applicable period, but it is essential that you contact an attorney as soon as you become aware of the negligence in order to protect your rights. Note: Limitations periods in other states may be as short as one year.
If the patient was at all negligent, for instance in not providing accurate information or following doctor’s orders, and that negligence contributed to the patient’s injuries, the patient may not be able to recover against the doctor. Much depends on the level of the patient’s negligence and the manner in which the case is brought to court. Victims should fully explore these issues with a qualified medical malpractice lawyer to determine their impact on a potential recovery.
Recovery for medical malpractice includes economic damages such as the cost of medical treatments and therapies and time missed from work, as well as non-economic damages such as pain and suffering and emotional distress. Moreover, different entities may be liable for medical malpractice, such as:
Provider – the doctor, nurse or other healthcare professional who breaches the standard of care and causes injury to the patient.
Facility – the hospital or other facility where the negligence occurred may be liable for the negligent actions or omissions of its employees.
HMO – health maintenance organizations may commit malpractice by refusing to pay for necessary tests or treatment.
Regardless of who is at fault, medical malpractice can be intensely personal and deeply emotional to the injured party. Our lawyers are here to assist you through this difficult period, help you attain the compensation you deserve, and ensure that the malpractice you suffered is not repeated on other innocent victims. If you sustained an injury due to medical malpractice, contact The Law Office of Troy B. Jones.
Brain / Spinal Injury
Personal injury accidents, such as automobile, trucking, bus, or pedestrian accidents, can cause a host of serious injuries, from fractures to traumatic brain or spinal cord injuries. The number of people who suffer TBIs (traumatic brain injuries) and SCIs (spinal cord injuries) are staggering. About 1.5 million people in the United States suffer TBIs annually, and about 11,000 people suffer SCIs nationwide every year.
Traumatic Brain Injuries
Head injuries can be either closed or open. A “closed” head injury occurs when there is a hard blow or jolt to the head but the skull remains intact. Alternatively, an “open” head injury occurs when the head is struck so hard by an object, such as shards from a broken windshield, that the object breaks through the skull and enters the brain.
Depending on the severity of the head injury, TBI symptoms can vary considerably. TBI victims can have any or a combination of the following mental and physical symptoms:
Concussions, one of the most common types of TBI
Contusions or bruising of the brain
Shortened attention span
Partial or full loss of reading and writing skills
Other cognitive and physical changes
There may also be behavioral changes, such as depression, difficulty socializing with others, and extreme mood swings.
Spinal Cord Injuries
Spinal injuries can be caused from disease or a traumatic impact to the spinal cord. When there is a traumatic impact or blow to the spinal cord, the part of the spinal cord that is affected can become torn, bruised, or swollen. SCIs may cause varying degrees of paralysis, such as paraplegia and quadriplegia or tetraplegia.
SCIs are extremely serious and can alter a person’s quality of life dramatically. Injured SCI victims who become paralyzed may lose sexual function and experience constant pain. Other devastating consequences of SCI are that the person may be unable to work, require long-term medical and rehabilitative care, and suffer emotional problems.
Types of Recovery
People who experience head or spinal cord injuries do have recourse for their injuries. If another person or entity was responsible for causing the TBI or SCI, injured individuals may be able to sue the other party to recover economic and non-economic damages that they are entitled. Injured victims may be able to recover for:
Past and future medical expenses
Past and future rehabilitative costs
Long-term medical care treatment and costs
Lost wages and loss of future earning capacity
Pain and suffering
Other costs related to the accident and injury.
We understand that after sustaining a head or spinal injury, your quality of life may never be the way it was before the accident, but our lawyers do their utmost to get you the compensation you deserve.
Additionally, because many of our severely injured clients need long-term medical treatment and care, we can refer you to Live Care Affiliates who are able to provide you with quality medical care.
For experienced TBI and SCI attorneys, contact the Law Office of Troy B. Jones today for assistance.
In 2014, Tennessee Highway Patrol investigataed, over 27,000 collisions on Tennessee Roads, resullting in over 8,800 injuries and over 995 fatalities. Even in less severe collisions without bodily injuries, property damage resulted in nearly every case. Many laws exist to protect victims of motor vehicle collisions, and the qualified and experienced attorneys at Law Office of Troy B. Jones help accident victims recover for their losses.
Motor vehicle accidents can involve more than just single or multiple-car collisions. Accidents can also involve motorcycles, bicycles or pedestrians. Crashes involving large trucks and commercial vehicles can be especially destructive. See our trucking and common carrier pages for more details on accidents involving these types of vehicles.
Every driver in Tennessee is required to carry automobile insurance. The state of Tennessee requires minimum liability coverage of 25/50/10:
At least $25,000 for bodily injury to one person
At least $50,000 for all bodily injuries
At least $15,000 for property damage
In addition, each new policy must include uninsured and underinsured motorist coverage, unless specifically rejected by the insured in writing. Minimum coverage requirements are similar to the liability limits described above. With this type of coverage, your insurance company will compensate you even if the other driver was at fault and did not have insurance.
Tort law covers injury to you due to the intentional or negligent acts of another. While there are many different theories of recovery, or torts, the most common grounds for recovery in motor vehicle accidents is negligence. Liability for negligence occurs when one person breaches a duty of care to another and injury results. In operating motor vehicles, every person owes a duty to others to operate these vehicles with ordinary and reasonable care.
A more specialized branch of tort recovery is products liability, which allows consumers to recover against manufacturers or even retailers of faulty or dangerous products. The “crash-worthiness” of a motor vehicle implicates products liability, and recovery can be had if the vehicle was designed or built improperly so as to make it unduly unsafe in the event of a collision.
Law Office of Troy B. Jones works extensively on accidents resulting in catastrophic or permanent loss involving driver and equipment error. When insurance isn’t enough to compensate for your loss, our office is there to see you get the recovery you deserve. If you or a loved one has been injured in a motor vehicle accident, contact our office to schedule a consultation to discuss your options.
In 2007, there were over 20,000 injuries in the United States involving transit vehicles, such as buses, light rail, commuter rail, and streetcars. In that same year there were approximately 288 total transit-related fatalities. These numbers demonstrate that transit accidents and accidents involving trucks and planes are extremely serious and often involve catastrophic injuries.
At the Law Office of Troy B. Jones, we represent people who have been involved in common carrier accidents. “Common carrier” is a broad term that generally refers to businesses and entities that are responsible for transporting passengers, goods, and services from one location to another. Some examples of common carriers include buses, trucks, trains, planes, ferries, and taxis.
There are numerous state and federal laws that regulate common carriers and their operators. The main governmental body that oversees various transportation providers is the Department of Transportation (DOT). Within the DOT are several administrations that are responsible for ensuring that federal transportation safety regulations are being followed by common carriers throughout the nation. Some DOT administrations include the Federal Transit Administration (FTA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Aviation Administration (FAA), and the Federal Railroad Administration (FRA).
Generally, because many common carriers transport people from one destination to the next, these types of common carriers owe a heightened duty of care to passengers and occupants, as compared to the duty that people owe to each other. This means that, in most circumstances, common carriers must exercise a high level of care and caution towards their passengers. Consequently, state and federal transportation regulations are very specific as to the conduct that common carriers must follow.
Types of Common Carrier Accidents
Common carrier accidents can happen for a variety or reasons, including:
Failure to follow state and federal regulations
Improper maintenance of vehicles and equipment
Drivers or operators who are improperly trained or negligent
Drivers who are under the influence of alcohol and/or drugs
Lack of safety measures or policies
If you have been injured or lost a family member in a common carrier accident, you should seek experienced legal counsel. The law entitles you to recover for such items as medical expenses, lost wages, and loss of future earning capacity, if the accident was caused by the negligence of another entity or individual. The attorneys at the Law Office of Troy B. Jones have the experience, knowledge and dedication to achieve a successful resolution to your case. Contact Law Office of Troy B. Jones today for assistance.
When a “big rig” or commercial truck, weighing as much as 80,000 pounds, collides into a regular, 5,000-pound passenger vehicle, major, catastrophic injuries and deaths are likely to occur. Due to the sheer weight, size, and force of a fast-moving commercial truck or 18-wheeler, numerous fatalities and injuries involving large trucks take place in the United States every year.
In 2006, about 5,000 victims died and over 100,000 people were injured in accidents involving large trucks in the United States. There were also a total of 368,000 accidents involving large trucks that resulted in fatalities, injuries, and property damage.
These statistics show that trucking accidents are extremely dangerous and deadly. The federal government is aware of these potential dangers, and has issued regulations to protect the public. The Federal Motor Carrier Safety Regulations (FMCSR) (Title 49, Parts 350-399) governs commercial motor vehicles, such as commercial trucks, that are engaged in interstate travel.
FMCSR governs a wide range of activities of commercial vehicle businesses and their drivers. The types of activities they regulate include:
Requiring drivers to be properly licensed and trained to drive commercial vehicles
Requiring drivers and their employers to keep logbooks, fuel receipts, and other documentation
Keeping vehicle maintenance records for at least one year
Preserving all critical documents related to accidents involving commercial trucks
Requiring both drivers of property-carrying and passenger-carrying vehicles to operate a commercial motor vehicle for only a certain maximum number of hours
Reasons for Trucking-Related Accidents
Although states and the federal government have stringent regulations aimed at promoting public safety, trucking-related accident injuries and deaths still occur all too often. Trucking accidents are caused by a variety of factors, including:
Drivers who are impaired due to alcohol consumption or drug use
Drivers who have a history of driving recklessly or unsafely
Reckless or aggressive driving
Oversized commercial vehicle
Inadequate or lack of safety equipment on vehicles, such as reflectors
Inadequately maintained vehicles
Our attorneys have extensive experience representing people who were injured in trucking accidents. We also represent family members in wrongful death actions. For experienced legal representation, contact Law Office of Troy B. Jones today.
Health Care Litigation
The Law Office of Troy B. Jones has represented medical healthcare professionals on an assortment of legal challenges for almost three decades.
The majority of their representation has centered on physician discipline, credentialing issues and disputes that arise from the new corporate medicine model.
Whether fighting the unlawful withholding of compensation upon contract termination or avoiding implementation of unlawful and overly restrictive covenants not to compete, the Law Office of Troy B. Jones is the national go-to law firm when your dispute really matters.
While our goal is to always seek an amicable and informal resolution of the dispute and discipline involving healthcare providers, we stand ready to aggressively defend your professional and constitutional rights in American courts of law in Tennessee and the nation. Call us today and have one of our partners explain to you our flexible contingent-hourly fee arrangements which are designed to save the healthcare professional transactional costs.
As licensed professionals, physicians are held to a high standard of conduct, not only in the quality of medical care they deliver but in all aspects of their personal and professional lives. Allegations of inappropriate conduct can lead to disciplinary hearings where the physician’s professional license and ability to practice medicine is on the line. With a professional career and livelihood at stake, it is important to consult with an experienced trial attorney and be represented by effective legal counsel at every stage of a disciplinary proceeding.
Physicians can be subject to discipline under the Indiana Medical Practice Act in any number of ways. Below are just some examples of conduct which can bring a doctor before the Indiana Medical Licensing Board for discipline, including suspension or revocation of a license to practice medicine:
Nonpayment of personal property taxes
Nonpayment of child support
Breach of patient confidentiality
Failure to use reasonable care and diligence in treatment
Charging unreasonable fees
Prescribing medications to persons the physician has not personally seen
Tennessee attorney Troy B. Jones is experienced in the representation of physicians charged with substance abuse and misusing prescriptions, such as over-prescribing medications to family members, as well as inappropriate conduct in the doctor-patient relationship or otherwise failing to meet practice standards. If you are a licensed physician under investigation for violating standards of conduct, or if a complaint has been lodged against you, contact Law Office of Troy B. Jones for advice and representation throughout all phases of the disciplinary process.