Medical malpractice lawsuits are filed when a doctor, nurse, or other type of healthcare provider is negligent in providing care to his or her patients. An unexpected error or complication may not be grounds for a lawsuit. But if it was a careless mistake that led to your injury, you may have a case.
If you or someone you love has been injured by a healthcare provider, Morgan & Morgan’s dedicated medical malpractice attorneys may be able to help you file a lawsuit. Our attorneys in Nashville can help you learn more about your rights as a patient, review the circumstances surrounding your injuries and help determine whether you have a valid medical malpractice case. We investigate your case and walk you through the steps so you can recover from your injury stress-free. By filing a lawsuit, you might be able to recover compensation to help you move on.
Only an experienced attorney can determine whether you have a medical malpractice case. To sign up for a free review with Morgan & Morgan, fill out our online form today.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor or healthcare worker fails to follow the accepted standards of the medical community and the patient faces an injury as a result of this negligence.
For example, you visit your doctor and are exhibiting symptoms of a specific type of cancer. He dismisses your symptoms as a minor medical condition and fails to order the tests that would have helped to correctly diagnose your illness – tests that another reasonable doctor would have ordered. If you suffer injuries as a result of your doctor’s negligence, medical malpractice has occurred.
Do I Have a Case?
This will depend on a number of factors, including whether your healthcare provider was negligent. To determine whether your doctor or hospital was negligent, our attorneys may investigate the circumstances surrounding the incident. For instance, if you allege that your doctor failed to diagnose you with a life-threatening condition, we may obtain your medical records to determine which tests were run. If we believe the doctor was negligent, you may be able to file a lawsuit.
If I File a Lawsuit, What Will Happen?
If you decide to file a medical malpractice lawsuit, your attorney will draft a document called a “complaint” setting forth the facts and circumstances of your case. The healthcare provider or its insurance company may respond to the lawsuit and attempt to have it dismissed. Judges dismiss medical malpractice lawsuits if they have not been filed within Tennessee’s one-year time limit or if the lawsuit fails to allege that medical malpractice was the actual cause of the patient’s injuries.
Many medical malpractice lawsuits settle before going to trial. If we receive a settlement offer and do not feel it provides adequate compensation for your losses, however, we may take your case to trial. At Morgan & Morgan, our attorneys aren’t deterred by the notion of going to court to get the compensation their clients deserve.
How Much Time Do I Have to Pursue A Medical Malpractice Lawsuit in Nashville?
In Tennessee, a medical malpractice lawsuit must be filed within one year of when the injury is discovered and no later than three years after the date that the injury actually occurred. If your spouse, child or family member passed away because of injuries related to medical malpractice, a wrongful death lawsuit must be filed within one year of the date of the person’s death.
Under the Tennessee Medical Malpractice Act, if you plan to file a medical malpractice lawsuit, you must first provide written notice to the doctor or healthcare provider of your intent to sue at least 60 days before the lawsuit is filed. Your attorney will draft this notice letter for you. In addition, when the lawsuit is filed your attorney must submit a “Certificate of Good Faith” stating that a medical expert has reviewed the facts of the case and determined that medical malpractice occurred. At Morgan & Morgan, we employ a number of medical experts to assist with our personal injury cases.
How Much Is My Medical Malpractice Lawsuit Worth?
The amount of compensation you may receive will depend on a number of factors, including the level of harm that you suffered. Through a medical malpractice lawsuit, you and your family may be able to recover compensation for:
- Medical Expenses: Under Tennessee law, you may be able to fight for compensation for the past medical bills you were burdened with, along with any future medical bills. This could include bills for rehabilitation expenses and the cost of in-home care aides.
- Lost Wages and Income: If you were unable to work and earn wages as a result of your injuries, you might be eligible to recover compensation for your lost wages and income.
- Reduced Earning Capacity: In cases involving severe injuries, if you are cannot perform the essential and required duties of your job, you may be able to claim compensation for your reduced earning capacity.
- Pain and Suffering: You may be able to obtain compensation for the physical pain and emotional suffering you experienced as a result of medical malpractice.
- Punitive Damages: In medical malpractice lawsuits involving reckless conduct, you may be able to receive punitive damages. Punitive damages are intended to punish the wrongdoer for engaging in negligence actions and also to discourage other healthcare professionals from engaging in similarly dangerous behavior.
Types of Medical Malpractice</span>
Our Nashville medical malpractice attorneys represent clients in all types of medical malpractice lawsuits, including cases involving:
- Anesthesia errors
- Birth injuries
- Chiropractic negligence
- Cosmetic surgery malpractice
- Defective medical devices
- Dental malpractice
- Emergency room errors
- Failure to listen to the patient
- Failure to obtain informed consent
- Hospital malpractice, including surgical errors
- Medication errors
- Misdiagnosis or delayed diagnosis
- Misinterpretation of test results
- Nursing home abuse or neglect
- Performing unnecessary surgery or medical procedures
- Postoperative negligence
- Prescription drug errors and side effects
- Psychiatric malpractice
- Spinal cord injuries
How Much Does a Medical Malpractice Attorney Cost?
At Morgan & Morgan, our Nashville medical malpractice attorneys only receive a fee if they are successful in obtaining compensation for you. Under the contingency-fee system, your attorney’s fee is a percentage of the amount of money that you receive through a settlement or court award.
If you or a loved one had to face an injury because of medical malpractice, our Nashville attorneys may be able to help you file a medical malpractice lawsuit. To learn about your legal rights under Tennessee law and to find out how our attorneys may be able to assist you, complete our free case review form today.