Medical malpractice cases encompass a wide range of abuses, negligence, and mistakes by medical providers. The mistakes made by doctors, nurses, medical facilities, and other healthcare professionals can have severe consequences for patients and their families. Medical malpractice claims can be difficult to prove, which is why you need the assistance of experienced Tennessee medical malpractice attorneys. We discuss some of the legal elements of proving you were injured because of medical malpractice in this article.
What are the Legal Elements of a Medical Malpractice Claim in Tennessee?
Each type of injury claim has certain legal elements that must be proven in court for the victim to recover compensation for injuries, losses, and damages. The basic elements of a medical malpractice claim filed in Tennessee are:
- Doctor-Patient Relationship — We must prove that a relationship existed between you and your doctor whereby the doctor agreed to treat you, and you agreed to be treated by the doctor. In most cases, we can establish this legal element through the consent to treatment form you signed before receiving treatment.
- Negligence or Wrongdoing — We must establish that the medical provider was negligent or made a mistake. To prove this legal element, we often enlist the assistance of medical professionals who can testify that the conduct was not consistent with reasonable and standard care. Therefore, because of the doctor’s breach of reasonable and standard care, you suffered harm that would not have occurred except for the negligence or wrongdoing.
- Causation — After proving the medical provider was negligent, and that you suffered harm, we must prove that your injuries were a direct result of the provider’s negligence. We usually rely on medical experts to provide the evidence required to prove this legal element. This element can be one of the most difficult elements to prove as we must show that your injuries were not caused by a prior condition or another cause other than the doctor’s negligence.
- Damages — To recover compensation for a medical malpractice claim, we must prove that you suffered damages as a result of the malpractice. Damages include financial losses such as lost earnings and medical expenses and non-financial damages like death, disability, and physical pain and suffering.
If someone suspects they are the victim of medical malpractice, it is usually best to contact experienced Tennessee medical malpractice attorneys. These cases are very complex and the health care provider will have their attorneys ready to fight your claim. An attorney experienced in handling medical malpractice cases can provide the legal advice needed to hold a doctor or other medical provider accountable for negligence and malpractice.
Common Types of Medical Malpractice
Medical malpractice can take many forms. Some common situations that might give rise to a medical malpractice claim include:
- Failure to diagnose or misdiagnosis
- Prescription drug and medication errors
- Surgical errors and mistakes
- Errors involving anesthesia
- Pregnancy and childbirth errors
- Failing to perform diagnostic tests
- Failing to communicate between health care providers
- Failure to obtain informed consent
- Failing to recognize symptoms or ignoring a patient’s complaints
The above list is not a comprehensive list of the areas in which a medical malpractice claim may arise. If a person suffers an injury after being treated for a medical condition, consulting a Tennessee medical malpractice attorney is your best move.
Call Our Tennessee Medical Malpractice Attorneys for More Information
Medical malpractice claims are difficult to win. Our Tennessee medical malpractice attorneys have significant experience handling these types of claims. Contact the medical malpractice attorneys at Cummings Law today if you have questions about an injury you or a loved one suffered during or after medical treatment.