When you seek medical care from a hospital or clinic, you expect to receive a certain standard of care. If you don’t receive their standard of care and this results in your injuries, you could have legal grounds for a medical malpractice case. If you or your loved one suffered medical malpractice in Tennessee, contact us at Meyers Injury Law to talk to a medical malpractice lawyer. Our Brentwood medical malpractice lawyers can assess your case to guide you on your legal options.
What Is Considered Medical Malpractice in Tennessee?
“Medical Malpractice” is defined in Tennessee as a type of medical negligence by healthcare organizations or medical professionals. This can include delayed or misdiagnosis, birth injuries, failure to obtain a patient’s informed consent, errors in surgical procedure, and medication errors. Medical malpractice lawsuits are a type of personal injury lawsuit. Any person or entity within the healthcare system can be liable for medical malpractice including pharmaceutical companies, hospitals, doctors, and medical device manufacturers.
What Is Medical Malpractice in Simple Terms?
Healthcare professionals and organizations are expected to deliver a reasonable standard of care to patients. According to medical malpractice law, if this standard of care is breached and it results in injuries to a patient, the healthcare professional or organization can be held liable for medical malpractice.
Proving Fault in Medical Malpractice Claims in Brentwood, TN
One of the reasons why medical malpractice claims or lawsuits are so challenging is that it is difficult to establish liability. The plaintiff has to demonstrate that a doctor-patient relationship existed. This can be proven through medical records such as a doctor’s appointment or prescription notes. This is generally too easy to demonstrate.
The next step is to prove the healthcare provider neglected to uphold the standard of care. The plaintiff will have to prove the existence of the duty owed by the defendant and the deviation from this standard of care. There has been a causal connection between the deviation and standard of care.
The plaintiff also has to prove that the medical negligence or error resulted in their injuries. If they are seeking compensation, they need to demonstrate how they calculated the expenses. This can be done through evidence such as medical bills or reports from mental health clinics.
What Is the Most Common Reason for Malpractice in Brentwood, TN?
The most common reason for medical malpractice is misdiagnosis. Proper diagnosis is the foundation of medical treatment and if there are errors in the diagnosis, it can lead to medical malpractice lawsuits. More than 12 million Americans suffer from misdiagnosis every year.
Even highly experienced medical doctors can misdiagnose the patient. For a medical malpractice case to be actionable, the misdiagnosis should be a result of negligence or errors by the doctor, and result in worsening or causing the condition of the patient.
Damages Available in Medical Malpractice Case in Brentwood, TN
- Medical bills
- Lost income
- Loss of earning capacity
- Rehab costs
- Funeral costs
- Legal fees
- Pain and suffering
- Decreased quality of life
- Emotional distress
- Mental anguish
- Loss of companionship
What Is the Most You Can Sue for Medical Malpractice?
According to Tennessee Law, non-economic damages, such as compensation for pain and suffering, are capped at $750,000 in medical malpractice cases. The only exception is for cases that are determined to cause catastrophic injuries. In this case, the cap is $1 million. Catastrophic injuries include amputation, severe spinal cord injuries, wrongful death of a parent or minor child or children, or third-degree burns covering 40 percent or more of the body.
It is also important to note that there is no cap on the damage if the defendant is found guilty of:
- Intent to inflict serious injury to the defendant
- Being under the influence of any drug or intoxicant caused significant impairment resulting in injuries
- Intentionally falsifying or destroying evidence for the case
Brentwood Medical Malpractice Lawyers
Schedule a free consultation with one of the leading Brentwood medical malpractice attorneys – Chadwick Meyers at the law offices of Meyers Injury Law. Our convenient location of our law firm makes it easy to serve clients in Brentwood, TN, and other cities in Tennessee. With our personal injury attorneys, you won’t have to worry about making legal mistakes in your claims as they can guide you on how to avoid common pitfalls in such cases.
We can fight for the rights of medical malpractice victims to get the compensation they deserve. A medical malpractice attorney can assess your case, guide your legal options, and navigate you through each step of the legal process. Our attorney can help settle the case out of court, however, if that is not possible, they can use their civil trial skills to sue the party responsible for your suffering. If you have any questions about a medical malpractice lawsuit or a medical malpractice claim, feel free to get in touch with us.