Medical Malpractice

Medical negligence is a leading cause of death and injury in the United States. Recent studies show anywhere from 250,000 to 440,000 people die each year as a result of medical errors. These medical errors are the 3rd leading cause of death in the United States behind heart disease and cancer. 

Medical negligence is when a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services. A claim for medical negligence includes the following elements:

• The healthcare provider owed the patient a professional duty
• The provider failed to fulfill that duty
• This failure by the provider caused the patient to suffer damage, including injury or death

Medical negligence claims include injuries related to the provision of, or failure to provide, health care services to a person. This may include:

• Misdiagnosis
• Birth injury
• Failure to treat or adequately monitor a patient
• Surgical operation on wrong part of body
• Surgeon leaving instrument inside of patient
• Wrong dosage
• Lack of informed consent to medical procedure

Any person who is injured as a result of a provider’s failure to fulfill their professional duty to that person. This right can also extend to family members if the medical service provided below the standard of care results in a wrongful death. 

A health care provider licensed, authorized, certified, registered, or regulated under Tennessee law and that is legally responsible for all health care services provided. This may include:

• Doctors
• Dentists
• Chiropractors
• Nurses
• Hospitals & Clinics
• Lab Technicians
• In-home care providers

Generally, the statute of limitations in Tennessee is within 1 year of discovery. Discovery is when the injured person knows or through reasonable diligence should know that an injury has occurred. Regardless of when an injury is discovered, a claim must be brought within 3 years of the negligent act or omission. 

It can be very difficult to prove your medical negligence claim, especially if complex medical issues are involved. Under Tennessee law, there are three main elements to a healthcare liability claim which must be proven by expert testimony:

1. The applicable professional standard of care
2. That the provider acted with less than or failed to act with ordinary and reasonable care in accordance with such standard; and
3. As a proximate result of the defendant's negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred.

In a medical negligence case, an injured party may be able to recover:

• Economic damages such as medical bills and other expenses &
• Non-Economic damages such as lost wages and pain and suffering

There is no cap on economic damages. However, in Tennessee, non-economic damages are capped at $750,000 unless there are "catastrophic injuries" such as spinal cord injuries resulting in paraplegia or quadriplegia, amputation of two hands, two feet, or one of each, or wrongful death of a parent of a minor child. In those cases, damages are capped at $1 million.

Contact me. Medical negligence claims can be very technical and complex, and there may be a substantial recovery available to you either through settlement negotiations or a civil trial. Let me help you understand your legal rights and obligations. Contact me today for a free no obligation consultation.