The dark truth about medical malpractice is that it is more common than you might think. In 2016, a study published by John Hopkins Medicine revealed that medical errors are the third leading cause of death in the United States. The John Hopkins study called for a change in how malpractice is reported on death certificates.
According to Dr. Makary, the study’s leading surgeon, there was a significant underreporting of fatal medical errors. It was surmised that wrongful death in the hands of negligence could be responsible for over 250,000 deaths in the U.S. each year.
Searching for proper health care is a complicated and strenuous process. Sometimes, in the battle to heal one health issue, another issue is caused. Many patients are made to feel like ping pong balls, bouncing back and forth between doctors until they hopefully find some solution.
Doctors are some of the most esteemed members of society. We are raised to trust them and rely on their expertise. Unfortunately, there are evil and careless doctors in the world, but thankfully they aren’t as common as the malpractice statistics might indicate. In 2016, the Wall Street Journal exposed that in the last decade, one percent of doctors were responsible for 32 percent of paid malpractice cases.
The conclusion was that more should be done to expose the bad doctors out there. After instances of medical malpractice, justice should come to those who have lost and are healing. This cannot be done until the medical provider at fault faces responsibility. One promising step toward getting that provider to take responsibility is by signing on with an experienced medical malpractice lawyer.
What Defines Medical Negligence or Malpractice?
Types of medical malpractice vary and can be hard to define. In short, medical negligence is the result of doctors not abiding by the standard of care they committed to when they first became doctors. While most doctors mean well, a medical mistake during treatment or a procedure can be critical and even fatal. Many times, a medical mistake does not occur because of a doctor’s ill-will, but because they are afraid to admit incompetence in certain areas of expertise. And sometimes, the journey of a malpractice case begins with a misdiagnosis at a regular appointment or in the emergency room.
A common example of a medical error is a woman who faces a birth injury while she is in labor and delivery. The healthcare system has been historically criticized for favoring the infant’s health over the woman in labor, which can lead to negligence for the woman during delivery that can cause a great amount of physical pain and hardship.
Another grim example of medical malpractice is the abuse of senior citizens, sometimes as in-home abuse or sometimes in hospitals, once the senior has lost some of their independent faculties. Occasionally, malpractice takes place when a doctor takes an unauthorized shortcut during dialysis. There are also instances that occur during a surgical procedure when a doctor’s negligence can result in brain injury, excessive bleeding, ongoing illness, post-traumatic stress and loss of enjoyment of life, and sometimes death.
If you or a loved one is the victim of a personal injury that could have been avoided, you may feel helpless. As medical bills stack up and the grieving process drags on, you may feel there is no end in sight. Thankfully, the state of Tennessee has one of the best personal injury attorneys in the country.
Finding Justice
If you or a loved one is a victim of this tragedy, consider signing on with Brian Cummings, a top-quality lawyer who will work tirelessly to support your medical malpractice claim.
Brian will use his professionalism and compassion to help build your case against the defendant who wronged you. A medical malpractice lawsuit can be a turbulent process with a lot of stress. To ease some of your concerns, Cummings Law will work directly with your healthcare providers to assemble a portfolio of evidence. The lawsuit will rely on testimonies that prove the medical error—from incredible medical bills to the expertise of medical professionals. Somewhere in the paper trail of your medical records, something went amiss. Brian and his team are determined to find the source of the complication, so you can begin to reach peace of mind.
We understand that as a victim of medical malpractice, you probably don’t feel like yourself. You may be dealing with psychological trauma, physical ailment, or the loss of a loved one. We will work to discover what exactly went wrong with your health care provider or insurance company so you don’t have to.
Moving Toward Stability
You are entitled to compensation for the strain your medical malpractice case has caused you. Besides the accident itself, you may be suffering from a lack of income during recovery. You could be in too much pain to work, or are suffering great distress.
There are a few different types of compensation the court awards to victims of personal injury or wrongful death lawsuit, depending on a variety of situations. Though we understand there is no time limit to grief, these funds can at least start to guide you toward stability.
Some categories of funding include compensation for economic damages from the auto accident—which involves things that can be assigned a straightforward dollar value, like physical damage, product liability errors, medical expenses, and lost wages. It also includes compensation for noneconomic damages, which can include a loss of your personhood during the tragedy, including emotional anguish, impairment or disfigurement, permanent injury, or loss of companionship.
The court may also award punitive damages for a malpractice claim if the doctor who harmed you did so in an egregious manner, meaning intentional, malicious, fraudulent, or reckless. The court may also award punitive damages if the at-fault doctor was inebriated or impaired.
Tennessee law does place a cap on non-economic damages, as do most states. In TN, non-economic damages are capped at $750,000 for most types of malpractice, with the exception of catastrophic injuries. In the event of a catastrophe, the cap is $1,000,000.
The Road to Restitution
A lawsuit or settlement offer may only seem to tap the surface of your grief. At Cummings Law, we understand that. Our medical malpractice law firm’s practice area serves the entire state of Tennessee from Knoxville to Memphis, including Nashville, Hendersonville, Murfreesboro, Brentwood, and all places in between. Our services are here for you.
Brian Cummings, an experienced Nashville personal injury lawyer, comes with years of experience and can be reached by phone or by filling out a contact form on our website. As the victim in a medical negligence case, you are surely dealing with a lot. Let a top-notch plaintiff’s medical malpractice attorney take the burden off your malpractice case so you can fight for the life you deserve. Cummings Law Firm can also assist with automobile accidents, pedestrian accidents, motorcycle accidents, construction accidents, and other catastrophic personal injuries.
When a medical professional fails, the outcome is tragic. We know this malpractice tragedy can be anything but straightforward, and we’re here to help. Reach out to us about a free case evaluation today.
Featured Testimonial
Medical Malpractice Attorney Review
We sought the legal advice and counsel of Brian Cummings for a medical situation involving failure to provide appropriate care. Not only is Brian an excellent listener, he also gives sound professional advice. His support, follow through, and knowledge of law are are greatly appreciated. I would not hesitate to contact him again for any legal matter!
Colleen M
Medical Malpractice Attorney
5/5
