When a patient is injured due to the negligent or reckless acts of a healthcare professional, he or she may bring a medical malpractice claim seeking compensation for the related injuries and losses. Claims may be brought against all members of the healthcare industry, including doctors, nurses, dentists and surgeons, provided that the professional acted negligently and the patient suffered injuries or losses as a result.
Doctors are entrusted to have the health of their patients as their foremost priority, but some do not live up to the expected standard because of inexperience, desire for personal gain, or negligence.
Given the physical, emotional and financial costs inherent to medical malpractice, Tennessee law allows injured persons to file a claim against the responsible party seeking compensation for both economic and non-economic damages. Injured patients may be entitled to a monetary reward for lost wages, medical bills and pain and suffering, among other related losses. To find out filing a medical malpractice claim is a viable option for you, simply fill out our free, no-obligation case evaluation today.
Types of Medical Malpractice
Whenever the actions of a medical professional fall beneath the standard of care as determined by other medical professionals in the same field, an injured patient may file a claim. Our attorneys are equipped to handle various medical malpractice claims in all fields of the healthcare industry, including but not limited to:
- Post-surgical and follow-up errors
- Failure to diagnose or delayed diagnosis
- Surgical errors
- Orthopedic errors
- Anesthesia errors
- OB/GYN errors
- Medication or prescription drug errors
- Defective drugs
- Reproductive Issues, including accidental sterilization and other improper procedures
There are around 225,000 deaths per year due to physician action, according to the Journal of the American Medical Association. These include 12,000 from unnecessary surgery, 7,000 from medication errors in hospitals, 20,000 from other errors in hospitals, and 80,000 from nosocomial (hospital) infections.
What Is Medical Malpractice?
In Tennessee, a medical malpractice claim is viable only if the healthcare professional performed his or her duties in manner which falls beneath the accepted standard of care as determined by a particular industry. In other words, your claim may not be actionable simply because the professional did not live up to your expectations or provide you with the most desirable outcome. Only if other medical professionals working in similar situations acknowledge the actions as negligent and below industry standards does a claim become actionable.
Furthermore, the patient must have been injured or suffered losses as a direct result of the medical malpractice. If a medical professional commits malpractice, but you are not left injured or with additional expenses, your claim may not be viable as there are no incurred damages.
There is also a statute of limitations set on medical malpractice lawsuits in Tennessee. In most cases, claims must be filed no later than one year of the date on which the incident causing injury took place or within a year of its discovery. If the time limit has expired, you may be ineligible to recover compensation. There are exceptions to this rule however, and concerns about the statute of limitations should not prevent you from contacting a lawyer as soon as possible to discuss the validity of your claim.
Filing a Lawsuit
Medical malpractice cases are notoriously complex. To try one successfully requires knowledge of complex medical and legal matters, access to trusted experts, extensive financial and manpower resources, and an ability to make complicated procedures understandable. At Morgan and Morgan, our attorneys possess all of these attributes and have the record of courtroom success to prove it. If you or a loved one has been injured because of the negligence of a medical professional, do not hesitate to contact our Memphis medical malpractice lawyers for a free, no-obligation case evaluation today. We can help determine the validity of your case and explain your legal options moving forward, all at absolutely no cost to you.