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Tennessee Medical Malpractice Lawsuit: Know the Basics
As a Memphis, Tennessee Medical Malpractice Lawyer, we wanted to let you know the basics of Tennessee medical malpractice cases. Every case and factual scenario is different, so please call us today for a free case evaluation. Every resident of Tennessee has the right to seek proper, safe, and adequate medical treatment whenever they suffer any health problems. Any violation of this right permits them to file Tennessee medical malpractice lawsuits and seek damages for their loss of health, financial expenditure, trauma, and need for medical care. The state law empowers victims of medical negligence in Tennessee to seek a variety of compensations commensurate with losses suffered.
Types of Tennessee Medical Malpractice Cases
Litigations over medical malpractice in Tennessee claims come under the tort law and are regarded as civil personal injury actions limited to seeking compensations. A Tennessee medical malpractice lawsuit can be brought against any health care provider within a year of occurrence of the injury caused by a number of breaches in the standard of care, including but not limited to the following actions:
- Death due to medical error
- Wrong or delayed diagnosis
- Improper diagnosis
- Failure to diagnose on time
- Surgical complications
- Anesthesia error
- Wrong lab test reports
- Wrong drug prescription or surgery
- Lack of proper treatment and care
Establishing Tennessee Medical Malpractice
However, for a successful Tennessee medical malpractice lawsuit, the plaintiff must prove the occurrence of medical negligence by one who is by duty bound to provide safe and proper health care to the victim. It is imperative to provide evidence that the medical negligence is a violation of standard care and there is a room for error by the medical professionals to blame. The breach of standard care is highly technical and requires expert testimony to support your claim over injury caused by such negligence or error. The experience and expertise of a professional Tennessee medical malpractice lawyer comes handy in arranging expert testimony and helping you establish your injury claim.
Even a medical malpractice partially contributing to the injury can be named in a lawsuit for compensation, when it is accepted as a proximate cause of injury. It is not necessary that the negligence must be the sole cause of the injury. A Tennessee medical malpractice lawsuit can be brought against any health care service provider, such as doctors, medical professionals, psychologists, pharmacists, therapists, nursing homes, hospitals, paramedical staff, medical labs, and emergency and walk-in clinics.
Tennessee Medical Malpractice Lawsuit Compensation
The plaintiff is allowed to put forth a variety of compensation claims, such as
- Economic damages to recover tangible financial losses suffered following the injury, such as medical expenses and loss of money in the form of wages due and/or the inability to remain employed. In case of a wrongful death, funeral expenses and future loss of financial support are added to the total claim. This constitutes a portion of the damage claim and is usually accepted by courts.
- Non-economic damages are claimed as a compensation for non-monetary losses, such as loss of family life, pain, suffering, trauma, etc, as a result of the injury. It depends on the court to what extent the claims are accepted. The state has also laws governing such claims. In Tennessee, non-economic damages are capped at a set amount.
- Compensatory damages constitute a mixture of futuristic economic and non-economic compensations for disability, medical needs, suffering, and other losses that have futuristic implications. A strong presentation by your Tennessee medical malpractice lawyer plays a crucial role in acceptance of your claims for compensatory damages.
- Punitive damage is a type of damage imposed on the wrongdoer and always subject to the discretion of the court, depending on the injury, intention, error, local law, and circumstances. In Tennessee, a person must show the defendant acted by clear and convincing evidence either intentionally, fraudulently, maliciously or recklessly.
Compensation Subject to Conditions
- Filing of any Tennessee medical malpractice lawsuit is subject to a general one-year statute of limitations from the date of injury. However, there is a three-year provision under the statute of limitations for injuries discovered a year after their occurrence or subject to fraudulent cover up.
- The state law limits non-economic damage claims to $750,000 for all TN medical malpractice injuries other than those resulting in wrongful death and severe disability.
- No cap on the economic damages and punitive compensation is governed by circumstances, such as intentional injuries, deliberate gross misconduct, and attempt to conceal or wipe out evidence.
The assistance of an expert Tennessee medical malpractice attorney is significant to successfully navigate through complicated and highly specialized laws governing such claims.
Contact a Tennessee Medical Malpractice Lawyer
If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.
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