Medical malpractice occurs when a healthcare professional acts in a way that causes harm, injury, or death to a patient. There are several ways this can occur. The provider could perform a medical error, fail to provide an appropriate treatment, neglect to take an appropriate action, or deliver a substandard treatment.
If you or someone you love is a victim of medical malpractice, you could be eligible to receive compensation for any damages suffered. In the state of Tennessee, there are medical malpractice laws in place designed to protect patients and their families and help them seek justice.
Today, we’re sharing a few of the most important ones, and what they mean.
Types of Medical Malpractice
When a hospital, doctor, or another type of healthcare professional harms a patient in any way, it is referred to as medical malpractice. Most of the time, these instances occur due to a negligent act or an omission.
The negligent act might include making an error during a critical stage, such as diagnosis, treatment, or aftercare. An omission occurs when a physician doesn’t handle a medical incident in alignment with the standard of care for their training and location. Some of the most common types of medical malpractice include:
- Misdiagnosis
- Failure to treat
- Amnesia errors
- Surgical errors
- Emergency room errors
- Pharmacy errors
- Birth injuries
- Nursing home negligence
When medical injuries occur, the results can be devastating. This is why there are laws in place to hold the involved parties responsible for their actions. Let’s take look at some of the top ones you need to know as a Tennessee resident.
Suing for Medical Malpractice
In this state, you can bring a medical malpractice case against any of the following entities:
- Medical doctor
- Physician’s assistant
- Nurse
- Mental health care professional
- Certified registered nurse anesthetist
- Physical therapist
- Optometrist
- Chiropractor
- Dentist
- Pharmacist
- Podiatrist
- Psychologist
- Veterinarian
- Hospital
- Nursing home
- Mental health center
- Clinic
In most instances, these cases settle out of court before they can advance into formal litigation. However, this isn’t always the case. If you’re planning to open a case against any type of healthcare professional, it’s important to be prepared. A medical malpractice attorney can represent your best interests from the beginning, and provide expert counsel every step of the way.
Burden of Proof
In any legal case, you must be able to prove that the at-fault party’s actions were responsible for the damages that you suffered. This is called proving fault. Each state sets its own laws regarding how fault can be found and distributed.
To have a credible case, you must be able to prove that all of the following occurred:
- The provider had the same degree of skill and education usually possessed and used by members of their profession
- The provider was in good standing and engaged in a local practice/specialty that has an established standard of care
- The provider failed to act in accordance with that standard of care
- As a result of that failure, the injured party suffered injuries or death that would not have occurred otherwise
Modified Comparative Negligence
When it comes to personal injury or wrongful death claims, Tennessee is a modified comparative negligence state. This means that the amount of damages a plaintiff can recover is reduced by their degree of fault. If the plaintiff is found to be 50% or more at fault, then they are barred from recovering any damages altogether.
In other words, you (or your loved one) could be up to 49% responsible for the medical injury that occurred, and you could still recover some of those damages. However, the amount you’d recover would be reduced by your degree of fault (in this case, 49%).
How could you be considered partially to blame for your injury?
This could be the case if you performed any action (or failed to perform an action) that caused or exacerbated your condition. For instance, if a physician prescribes you the wrong medication for your condition, that could make you ill. However, if you choose to drink alcohol while on the drug, then your own actions could have also contributed to your condition.
Keep in mind that while this may limit the amount of compensation you can receive, there’s no cap on how much you could be awarded. Unlike most states, Tennessee does not place a limit on the damages that a plaintiff can receive in a medical malpractice case.
Statute of Limitations
In Tennessee, you have one year to take legal action after experiencing any type of personal injury, including medical malpractice. This timeline is known as the statute of limitations. It refers to the amount of time that can pass between the moment the injury occurs (or is discovered) and the final date on which you can file a lawsuit.
While it’s important to gather all of your information and prepare your case before filing it, you don’t want to wait too long. If you do so, the court could dismiss your case altogether. If the statute of limitations has passed at that time, you could be left with little to no recourse.
Why are these limitations in place? Put simply, the evidence that you bring against a medical provider must be accurate and compelling. If too much time passes between the time of the injury and the date you file, critical evidence could become damaged, lost, or less compelling, which could impact the court’s ability to establish a cause of action.
Another time limit to remember as you prepare your case is how much time you have before initiating it. Any party that plans to file a health care liability case must notify the implicated providers at least 60 days before filing a medical malpractice lawsuit. A medical malpractice lawyer can help ensure you complete all documentation correctly and on time to maintain case validity.
Understand More Medical Malpractice Laws
No one should suffer at the hands of a trusted medical professional. However, the reality is that even the most esteemed experts are not above human error. If their negligence or mistake leads to personal injury, you are within your rights to take legal action.
If you’re a resident of The Volunteer State, our team of lawyers is here for you. We know this state’s medical malpractice laws forward and backward, and we’ll work to ensure you receive the compensation you deserve. Contact us today to learn more and schedule a free consultation.
Posted in: Medical Malpractice