March 2015 Archives

If these numbers could talk, what would we learn?

The website of the Tennessee Department of Safety and Homeland Security has posted some interesting county-by-county comparisons of motor vehicle accidents. For example, Montgomery County reported the state's highest number of deer crashes every year from 2004 to 2013. Other counties have come close, but none has surpassed. What's more, the number of crashes in Montgomery County has increased during the same period: 252 in 2004 and 413 in 2013.

Defamation, public figures, and actual malice

Defamation is a tort (a civil wrong that injures another person, who may seek compensation via a civil lawsuit) involving words that harm another's reputation. The law in this area seeks to balance free speech with the protection against injury caused by lies. And, for public officials, there is an additional element called "actual malice" that guides the court's decisions about defamation lawsuits.

What is Defamation?

Defamation is a general word that refers to the harm of a person's reputation caused by the spoken or written words of another. It is more commonly known as either libel (written) or slander (spoken). Defamation is a civil rather than a criminal act.

Hospitals, caregivers and patients work to eradicate HAIs

Most people go to a hospital expecting to get better or, at the very least, not get sicker. However, according to the Centers for Disease Control and Prevention, every day approximately 1 in 25 people in the United States contract a hospital-acquired infection. In some ways, a hospital is the perfect place for HAIs to flourish: So many people in a hospital already have a compromised immune system, so pathogens spread easily through the body.

What if you are intentionally harmed by another?

The action of one party that causes harm to another party is called a "tort" in legal language. These actions can be either negligent or intentional. If you suffer physical injury, property damage or harm to your reputation or something else of value, what is the difference between negligent and intentional torts?

Nursing home abuse is about more than staff neglecting residents p3

We are talking about the increasing risk of aggressive behavior among nursing home residents. A couple of studies have documented the trend, and individual examples provide more than enough reason to be concerned. This is not an easy issue to discussion, much less to resolve. There are a hundred different moving parts to consider. There are also some basic steps that the government and facilities can take to reduce the risk to the elderly and vulnerable.

Nursing home abuse is about more than staff neglecting residents p2

According to the Tennessee State Data Center at Haslam College of Business, in 2010 about 13 percent of the state's population were ages 65 and up. In 2020, that age group is projected to account for 20 percent of the population; by 2025, a full 25 percent. The Greatest Generation is giving way to Baby Boomers, and the prospect of the change has had social scientists and policymakers a little nervous about what that means.

What are intentional torts?

If you have suffered a personal injury, harm or damage to property caused by another who acted 'on purpose,' this could be classified as an intentional tort. Consider the following examples: