Legal Question in Constitutional Law in Tennessee

Congressional limits on medical and insurance company libility

I was seriously injured on 19 DEC 2002...a passenger in my brother's car...when a motorist ran a STOP sign, causing a collision. Our speed was not a factor; we were wearing seat belts. Injuries sustained fractured left knee cap, 2 left-side broken ribs, broken arm, facial injuries...including sinus, wound to forehead, and brain hemmorraging caused by being struck by an object from the rear. Hospitalized in the trauma unit for 4 days, wher they specifically told me they will not provide orthopedic services. Congress is voting on a bill...with guaranteed partian passage...to a limit of $250,000 the amount of awards against hopsital and insurance companies. I obtained local legal representation just after Christmas, who then ''sat'' on action in my behalf until being dismissed on 23 FEB 2003. Question: will my case be subject to passage of the new Congressional legislation???


Asked on 3/16/03, 2:30 pm

1 Answer from Attorneys
Holland McKinnie T. Holland McKinnie, PC

Re: Congressional limits on medical and insurance company libility

No action taken by Congress will affect your cause of action, which accrued on the date of your injury, which is obviously prior to any such change in the statutory law.

The main focus you should have at this point is obtaining assistance from a firm competent in injury law. I see the obvious causes of action against the other driver and his insurance carrier, your brother's insurance carrier, and your own underinsured/uninsured insurance carrier. What is the status of available insurance in each of these cases?

You also mentioned the denial of ortho services. It is also possible that your medical provider might have some problem under a federal statute, EMTALA, which prohibits "dumping" (discharging or refusing to provided uncovered services) of patients under certain circumstances.

Am I reading your question correctly, that you have dismissed your first attorney, and not that your case has been dismissed by a court? If you have dismissed your attorney, you should seek competent advice as soon as possible. Feel free to email or call me if our firm can be of assistance. We handle cases in your area as well as throughout Tennessee and would be glad to meet with you at your location.

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Answered on 3/17/03, 10:42 am


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