Category: Injuries

The Tennessee Supreme Court heard arguments in September 2019 regarding the damages cap for personal injury lawsuits in this state. Currently, 30 of the 50 states in America have caps on the amount of money that the judge can award in a personal injury case.

The trouble is that a cap can interfere with the jury’s verdict. In several recent cases, the jury ruled to award amounts larger than the cap. The plaintiff will never receive that money, though, if the damages cap does not change.

The constitutionality of a damage cap

Some Tennessee individuals argue that the damages cap is unconstitutional because it interferes with the right to a trial by jury. If the cap determines the amount of the reward, the jury’s ruling does not matter. Individuals harmed by a defective product or unsafe business practices may decide not to bring up a lawsuit because they mistakenly think that the attorney’s fees will be more than the $750,000 in damages that the suit might garner.

If the Tennessee Supreme Court does decide to remove the cap, it will follow 11 other states who have ruled damages cap laws unconstitutional. It also may even the playing field for lower-income individuals seeking personal injury claims. At this time, the damages cap in Tennessee mainly applies to two types of damage awards.

Punitive damages

Tennessee caps punitive damages at $750,000. This applies to cases where the jury finds the defendant guilty of negligence, reckless behavior or outrageous conduct. These damages act as a punishment for the person at fault more than as compensation for the injured person. Punitive damages alert the guilty parties to the severe consequences of their actions.

Noneconomic damages

Tennessee also caps noneconomic damages at $750,000. These refer to pain, suffering or mental anguish experienced after an injury. For many who unfortunately are the victim of an accident, the road to recovery is long and can include costs far beyond the medical bills. Noneconomic damages seek to make restitution for that suffering.

When it comes to feeling your best and taking proper care of your health, regularly visiting your Tennessee-area physician can be a necessity. But what do you do when, as a woman, you feel your current doctor cannot provide you with proper treatment or answers regarding a health issue? A missed, inaccurate or late diagnosis can result in unnecessary suffering, treatment and spending.

WebMD shines a light on the matter. Hopefully, you can learn how to protect your peace of mind and your health when your doctor drops the ball.

Insufficient research

Initially, the male body was the standard in medical research, meaning that discoveries could be unique to the male body. Even today, there is a lack of research aimed specifically at how disease and health differ in women’s bodies. This has resulted in a multitude of misunderstandings, confusion and unanswered questions surrounding how to provide proper treatment for women.

Opposing symptoms 

Even if a male and female patient both have the exact same medical condition, they can present different symptoms. Doctors unfamiliar with such different symptoms may mistakenly believe that a woman has a completely different condition. For instance, rather than the typical chest pain associated with a heart attack in men, a woman may instead experience neck pain, indigestion or trouble breathing. Women themselves may not realize their difference in symptoms, which can lead them to not seeking medical attention when they need it.

Downplaying concerns

Sometimes, doctors make women feel like they blow symptoms and medical concerns out of proportion, or that any discomfort they experience with something like their period is normal and nothing to pursue treatment for. If women do not push nurses and doctors to run tests or take their concerns seriously, or if medical professionals refuse to take a patient’s concerns seriously, the situation could become life-threatening.

Race

There are times when women of color have a harder time receiving a proper medical diagnosis because of their race. Some medical conditions are more common in black women when compared to white women.