Author Archives: Jay Butchko

Can A Physical Therapist Commit Medical Malpractice Under Tennessee Law?
A referral to a physical therapist usually means a patient is recovering and on their way toward better use and range of motion in their bodies. Nobody expects mistakes or injuries to occur during the physical therapy process. However, incidents can still occur in which some type of mistake or negligence leads to a… Read More »

When Can A Cancer Misdiagnosis Be Medical Malpractice?
Cancer is one of the hardest diagnoses a patient can ever receive. Unfortunately, over 1.6 million Americans are diagnosed with cancer each year, according to the CDC, meaning the illness is not as rare as we might think it is. However, a cancer diagnosis is not as grim as it used to be. Thanks… Read More »

Trial Vs. Settlement In Tennessee Medical Malpractice Cases: Knowing How To Choose Your Options
If you or a loved one have suffered any type of injury, illness, or setback following a medical visit that was supposed to make you feel better, you are not alone. Thousands of claims involving medical malpractice are filed each year in Tennessee, resulting in over $80 million in paid damages via court judgments,… Read More »

Medical Malpractice And Medical Device Failure: What Is The Difference, And What Are Your Legal Rights In Each Scenario?
Unfortunately it is not rare for someone to experience adverse health effects after a medical procedure, hospital visit, or implantation of a device designed to improve one’s health long-term. Tennessee sees almost 2,000 health care liability claims filed each year, each alleging some type of negligence by a medical provider. At times, it may… Read More »

Nursing Home Red Flags: Signs Of Neglect, Abuse And Malpractice In Tennessee
Elder abuse is a persistent problem across the United States and Tennessee, with much of that taking place in nursing homes and assisted living facilities. The statistics are sobering: 10% of older Americans are subject to abuse or neglect each year, according to the Department of Justice. Sadly, Tennessee ranks near the bottom of… Read More »

“Comparative Negligence” In Tennessee Medical Malpractice: Can A Patient Be Partly At Fault In A Health Care Negligence Claim?
You may already be familiar with the concept of medical malpractice, and when a doctor or other healthcare provider may be responsible – professionally and financially – for an injury caused by negligence. The trickier issues in these cases typically include how a medical injury was caused, and at times whether the patient may… Read More »

What To Know About Expert Testimony In Medical Malpractice Lawsuits
Medical malpractice lawsuits – known as health care liability actions in Tennessee – allege that a health care provider caused an injury related to health care services (or failed to act in some way when providing a health care service). The term “health care provider” includes doctors, hospitals, nurses, physician assistants, nurse practitioners, pharmacy… Read More »

Anesthesia Errors And Health Care Liability In Tennessee
It’s among everybody’s worst health care nightmares – you go in for a routine surgery, even a minor elective one, receive a dose of anesthesia, and never wake up. Or you find yourself in the midst of a surgical procedure, numbed enough that you can’t move or speak, but still able to feel awareness… Read More »

Hospital-Acquired Infections In Tennessee – Legal Options And Financial Recovery
Most medical malpractice cases arise out of some injury or illness that required admission to a hospital or medical facility. A hospital-acquired infection, however, occurs after admission, and is generally not even linked to the issues that required a medical visit to begin with. These infections can be a shock to the patient and… Read More »

Attorney E. Michael Brezina, III To Serve As Adjunct Professor Teaching “Pre-Trial Litigation” At The University Of Tennessee College Of Law, Fall 2022
I am honored and excited to be invited back to serve as an Adjunct Professor teaching “Pre-Trial Litigation” at the University of Tennessee College of Law for the upcoming Fall, 2022 semester. Adjunct Professors – University of Tennessee College of Law (utk.edu) It is satisfying to be a small part of the development of… Read More »