Medical Malpractice Lawyers in Tennessee
When a health care provider fails to act in accordance with acceptable professional practice and injures or causes the death of a patient, that health care provider has committed medical malpractice. Generally, you only have 1 year from the date of injury to file a medical malpractice claim in Tennessee. An experienced medical malpractice lawyer can help you determine quickly if you have a case.
Common examples of medical malpractice include the failure to properly diagnose a medical condition, failure to provide timely and proper treatment, failure to perform surgical techniques correctly or failure to monitor a patient after surgery. Other forms of malpractice include prescription errors, mistakes in the administration of anesthesia, or the failure of nursing staff to provide proper care.
Any type of health care provider can commit medical malpractice, including:
- Hospitals and nursing homes
- Emergency and walk-in clinics
- Doctors and psychologists
- Nurses and nurse’s aides
- Physical therapists
Like other forms of personal injury, medical malpractice cases require proof of negligence on the part of the health care provider. To win a medical malpractice lawsuit in Tennessee, you must be able to prove the following:
- The standard of care in the medical profession, and the specialty practiced by the person or company you sued, in your community or in a similar community.
- The health care provider failed to comply with that professional standard in your community. This is called a "breach" of the standard of care.
- The patient was injured as a result of this breach of the standard of care. The negligence of the health care provider must be a proximate cause of the injury suffered, but it doesn’t have to be the only cause of the injury.
Patients injured by medical malpractice in Tennessee are entitled to compensation for the following:
- Medical expenses and future medical expenses
- Lost wages and future loss of earning capacity
- Pain and future pain
- Suffering and future suffering
- Loss of enjoyment of life, and future loss of enjoyment of life
In a wrongful death action, the family of the patient is entitled to compensation for:
- Medical expenses
- Funeral expenses
- Lost wages from the time of injury to death
- Lost future earnings of the deceased
- Loss of companionship for certain immediate family members
Statute of Limitations
Determining the statute of limitations to file a claim for medical malpractice in the state of Tennessee can be complicated. Generally, you have 1 year from the date you are injured to file a medical malpractice suit. In some circumstances, if the injury is not discovered in that 1 year period from the date of injury, the time period to file a claim is extended to 1 year from the date of discovery. Any suit for medical malpractice in Tennessee must be brought within 3 years of the wrongful act or omission regardless of when it was discovered, absent fraudulent concealment.
Any medical malpractice action is a highly complicated endeavor requiring meticulous handling by a highly experienced malpractice attorney. The short time to file a claim, coupled with the complexity of proving negligence on the part of the health care provider, makes this a highly specialized area of the law. Our associates are the premier medical malpractice lawyers in Tennessee, with the experience and knowledge to assist you in your time of need.
In medical malpractice cases, time is critical. Contact Gilreath & Associates today.
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