New Patient Privacy Rules in Light of Health Care Reform

By | Medical Malpractice

In July 2010, more than 110,000 people in Colorado who receive Medicaid were told that some of their private medical information may be on a computer hard drive that was stolen. The announcement was an example of new rules the Obama administration is seeking to implement to improve medical privacy laws. But the rules, originally written in 2009, are being rewritten after they were criticized by Democrats and consumer and patient groups as failing to fully protect patients. The rules are designed to specify when hospitals, physicians, insurance companies and others with patient information must disclose when and if patient…

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Investigation into Toyota Corolla Defects Intensifies

By | Product Liability, Social Security Disability

The National Highway Traffic Safety Administration (NHTSA) has intensified its investigation into stalling problems with the 2005-2007 Toyota Corolla and Matrix. The NHTSA began investigating complaints in November 2009 as part of a “preliminary investigation.” As of August 18, 2010, the probe has been upgraded to an “engineering analysis,” which can be a step toward a recall. A recall is a pretty clear indication of a defective product. At present, the investigation involves 1,101 consumer complaints that the engine can stall at any speed and refuse to restart. Toyota has informed the NHTSA that it has approved 4,211 warranty claims for…

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Bill to Provide Workers’ Comp Relief for Small Companies

By | Workers' Compensation

Self-employed Tennessee contractors are one step closer to relief from having to comply with onerous workers’ compensation insurance requirements. A bill passed by the House Consumer and Employee Affairs Committee, and which is expected to sail through the legislature, would allow independent contractors to file for exemptions from a law that was set to go into effect in January but was put on hold. That law would have required independent construction contractors to purchase costly workers’ compensation insurance or cease working. Small contractors with no employees except themselves had complained that the law passed in 2008 would have cost them…

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Reconsideration Step for SSD Cases?

By | Social Security Disability

With the U.S. economy struggling to create jobs, the Social Security Administration expects 3.3 million Social Security disability claims this year, up 700,000 from 2008. The Social Security system is so inundated by applications for disability benefits that many wait more than two years for their first payment. In economically stressed states like Michigan, the wait can be even longer. In 1999, the Disability Redesign Prototype initiative eliminated the reconsideration step from the application process in one state from each region: Alaska, Alabama, California, Colorado, Louisiana, Michigan, Missouri, New Hampshire, New York and Pennsylvania. The initiative was expected to result in…

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FDA Warns Against Avandia

By | Dangerous & Defective Drugs

Avandia, a popular but controversial diabetes medication, is facing new government scrutiny, putting manufacturer GlaxoSmithKline at risk of potentially costly new lawsuits. In February, the New York Times obtained a confidential Food and Drug Administration report that linked more than 300 deaths to Avandia within a three-month period. The report recommended pulling the drug from the market. The new FDA data follows a U.S. Senate Finance Committee report released in February. The senate report alleges that GSK knew of the health risks prior to 2007 but concealed them. Avandia could quite possibly be a dangerous and defective drug. Avandia first hit…

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FMCSA Rules on Electronic Logbooks

By | Motor Vehicle Accidents

In an effort to curb truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) is going to require nearly 5,700 interstate truck and bus companies to use new electronic tracking of service hours for each driver. Commercial carriers are required to closely track their drivers’ hours of service for safety reasons. Drivers must avoid fatigue by limiting their hours and taking mandated rest periods. Drivers have traditionally maintained their own manual logbooks or used older, less advanced electronic tracking devices. The FMCSA, part of the U.S. Department of Transportation, aims to reduce safety violations and fraudulent records by moving toward…

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Motorcycle Awareness–Making Tennessee Roads Safer for All Drivers

By | Motor Vehicle Accidents

Motorcycle accidents are particularly dangerous – riders don’t have walls of metal and plastic protecting them during a crash; their safety is guarded only by a helmet, protective clothing and their own defensive driving skills. When cyclists crash, injuries and/or death are all too common. In the last month, the life of a Tennessee State Trooper was claimed in a motorcycle accident while traveling through Smyrna on duty. A cycling couple was injured in a motorcycle accident in Todd. A Rutherford County man was killed when his motorcycle crashed in Murfreesboro. Road rash, head injuries and spinal cord damage are…

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Welcome to our blog

By | Uncategorized

On behalf of Gatti, Keltner, Bienvenu & Montesi, PLC on Monday, December 28, 2009. Things change fast in the legal world. Every day, state legislatures and judges make hundreds of decisions that impact the way cases are prepared and presented for court. AtGatti, Keltner, Bienvenu & Montesi, PLC, we know how important it is to stay current with legal issues. We follow the legal stories that will have an impact on the strategies our attorneys use while protecting your rights. We also know that keeping you informed about the legal process will help you make better decisions about your own…

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9 staff members charged with criminal nursing home neglect

By | Nursing Home Abuse & Neglect

Two more individuals have been charged in the death of a man who was living in and being cared for by a nursing home in the Northeast. The 72-year-old man died in 2012, and so far, nine people face nursing home neglect charges surrounding his death. They were arraigned on a recent Thursday at a hearing where all of them pleaded not guilty to the charges. This case did not occur in Tennessee, but countless cases of nursing home neglect occur in this state every day. According to prosecutors, the nursing home staff members ignored an alarm that was warning…

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Deadly road may be cause of fatal motor vehicle accident

By | Motor Vehicle Accidents

Ideally, people who enter vehicles arrive at their destinations without being injured in an accident. Unfortunately, being involved in a motor vehicle accident is a reality for some individuals. Typically, the causes of an accident can be prevented, but there are some situations that cannot be anticipated. In one case, Tennessee residents blame a recent fatal accident on the roadway on which it occurred. In a tragic accident, a car reportedly crashed into the rear end of a tractor-trailer. According to police the truck was attempting to turn into a local trucking business. The owner of the company reportedly anticipated…

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What should Tennessee residents know about misdiagnosis?

By | Medical Malpractice

Many people who visit the doctor or have to make a trip to the emergency room often have a number of concerns and questions on their minds. What is wrong? Is this condition serious? Will I be able to recover? Often times, doctors and nurses are able to address these concerns accurately and in a timely manner. However, there are situations in which a mistake is made or something is overlooked and a person can end up getting even sicker. A misdiagnosis can be very serious and it is just one example of medical malpractice. A patient can suffer severe…

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