memphis medical malpractice lawyer – Memphis Trial Attorneys

November 21, 2014

Memphis Medical Malpractice Lawsuit Over Wrongful Birth

Memphis medical malpractice lawyer for wrongful birth.

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Wrongful birth lawsuits claiming hospital and doctor negligence during child birth are among the most common claims that a Memphis medical malpractice lawyer is consulted for evaluation. Welcoming a new member to the family is one of the happiest moments for a family. However, medical negligence causing delayed or wrongful delivery could have catastrophic effects and result in birth defects, including brain injury, to newborns. A birth injury medical negligence has huge legal implications as it becomes life-changing factor and huge burden for parents to rear the child and they must be compensated by hospital or doctors responsible for this state of affairs.

In July 2014, a couple filed a birth injury lawsuit seeking over $40 million in damages. Their son was born with cerebral palsy attributed to negligence by doctors during pregnancy and delivery. He sustained injuries that resulting in neurological disorder impacting cognitive functions and brain-body coordination. Set for January 2015 trial, it named three hospitals and three doctors as defendant.

Another hospital error lawsuit claiming medical malpractice during child birth led to $12.9 million awarded to parents of a girl last month. The child suffered from disfigurement that restricts her left arm due to mistakes by doctors at the time of birth. Nerves connecting the right arm were severed during the emergency procedures performed to free the organ struck in the mother’s pelvic bone five years ago. The victim had multiple surgeries and now has to live with permanent disability.

Most Reported Wrongful Birth Injuries

Wrongful birth has turned to be a legal catchword to connote all types of injuries caused by medical negligence during child birth. Memphis medical malpractice lawyers are approached by aggrieved parents to evaluate hospital error claims leading to following types of birth injuries.

Cerebral Palsy: This type of neurological injury caused by medical negligence during or just after birth, such as prenatal infection, bleeding, choking or abnormal brain development results in impaired brain function and cognitive ability in babies.

Erbs Palsy: Botched delivery process in the absence of adequate precaution results in the child’s shoulder get struck in mother’s pelvic cavity. This damages nerves on shoulder, arm or hand of children causing paralysis or cognitive impairment.

Pre-Eclampsia: Failure of doctors to diagnose fluid retention, high blood pressure, and protein level may cause the child and mother to suffer from life-threatening seizure, cerebral hemorrhage, liver disorders, and clotting

Klumpke’s Palsy: Negligent cesarean delivery may disrupt the nerves on the neck and cause muscle paralysis.

There are a number of potential causes of wrongful birth and medical malpractice during the birth of a child, including:

Failure of doctors to anticipate infection or complications
Medical negligence in responding to fetal distress
Post-natal complications attributed to mistakes during prenatal or delivery stage
Violation of standard delivery practices or inappropriate c-section
Anaesthesia errors
Failure to warn parents of potential risks or monitor symptoms
Incorrect drug or dosage prescription
Surgical errors during delivery

Pease contact us or call on 1-800-632-1404 to have a free consultation with our team of Memphis medical malpractice lawyers.

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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October 21, 2014October 21, 2014

Memphis Medical Malpractice Lawsuit Over Botched Surgery

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A Memphis medical malpractice lawsuit led to more than $30 million in damages for parents of a child who sustained brain damages during a caesarian delivery in 2005. The mother was hospitalized for emergency delivery after obstetrical reports indicated “stress and significant risk of injury” for the unborn child. However, doctors delayed the procedure by 79 minutes that caused the child to be born with significant injuries. The boy lives with cognitive impairment and spasticity (unusual stiffness) of his arms and legs, severely restricting his bodily functions.

Filed in Memphis state court, the Memphis, Tennessee medical malpractice lawsuit sought damages to cover for the past and future medical and economic care of the child.

Tennessee-based Quorum Health Resources, which runs a chain of hospitals nationwide, paid $33 million in 2012 to partially settle more than 70 medical malpractice lawsuits alleging botched surgery. A doctor at one of its facilities in New Mexico performed back surgeries using bone cement on these plaintiffs without proper procedural adherence and qualification. The non-FDA-approved spine procedure was not performed correctly causing patients to develop life-altering complications.

Medical malpractice lawyers representing plaintiffs argued that the Tennessee hospital operator allowed these unapproved procedures by unqualified doctors “for financial gain.” In February 2014, a Jackson, Tennessee woman won $1.3 million in medical malpractice compensation following a botched elective abdominal surgery. She suffered from long-term physical and mental pain as her gaping stomach wound was not healed despite having the surgery for five years ago. The compensation included damages for “pain, suffering, scarring and disfigurement, associated emotional distress, and loss of income.”

Defining Surgical Mistakes

One can file medical malpractice lawsuit in Tennessee claiming botched surgery where there is ample evidence of

surgical error
experimental or mistaken surgery
wrong surgery
adopting wrong procedure
post-surgical complications
delayed surgery
surgery without proper training or diagnosis
anesthesia error
operating on wrong site
Leaving a foreign object in patient’s body

Statute of Limitations and Compensation

There is a one-year time limit for filing of a Memphis medical malpractice lawsuit claiming surgical mistake. It starts from the day of discovery of the injury, or when the patient should have known of the injury. However, no claim is allowed after three year from the date of surgery except when the litigation involves leaving of foreign objects inside the plaintiff’s body.

In Tennessee, several types of damages may be awarded in a Tennessee medical malpractice case, including economic damages for medical expenditure, loss of income, and any financial losses suffered, and non-economic damages for pain, suffering loss of family rights, and intangible losses, subject to $750,000 ceiling in normal cases and $1 million limit in cases of death or major disability.

A medical malpractice lawsuit involves complex legal and medical aspects and needs support by a qualified and experienced lawyer. Victims of injury and financial losses due to action or inaction on the part of hospitals, doctors, nurses, paramedics, or pharmacies have the right to seek a range of compensations by filling civil actions. To file a Tennessee medical malpractice lawsuit or seek expert guidance of lawyers for medical malpractice in Memphis, Jackson, or any part of state, please contact us or call on 1-800-632-1404.

Contact a Tennessee Medical Malpractice Lawyer

CALL: 1-800-632-1404

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October 1, 2014

Memphis Medical Malpractice Lawsuit for Hospital Error

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Hospital error and negligence forms an essential ground for Memphis medical malpractice lawsuits filed over the years. Patients treated without proper diagnosis, care, and medication face an enhanced risk of death, disability, or painful sufferings. A Memphis resident admitted to a Texas hospital following a road accident turned quadriplegic after a botched surgery performed on him by a doctor. In 2012, the family of a man, who suffered brain damage because of erratic weight loss surgery, won $178 million in compensation.

Jerry Summers went to Baylor Plano Medical Center to cure his spine problems caused during a 2012 car accident. However, he returned to Memphis on a wheelchair as a paraplegic. The doctor, who performed the neurosurgery, failed to use “necessary neuro-imaging studies,” and this violation of standard procedures resulted in permanent disability for the victim. Avoidable error damaged nerves joining the brain with spinal cord led to paralysis of the body below the neck, claims the Memphis medical malpractice lawyer representing the case.

Memphis Medical Malpractice Led to Death of TV Host

The wife of former Memphis meteorologist Brian Teigland initiated a wrongful death medical malpractice lawsuit claiming that the Mid-South TV host died due to misdiagnosis by doctors. In 2008, Teigland was admitted to Methodist Hospital Germantown following severe abdominal pain. Diagnostic tests at the hospital indicated various problems, including the aneurysm, with the patient. However, he was sent home after the tests but returned with the same problem. Doctors discharged him, and he died within a day.

Post-mortem reports show the deceased had a ruptured aneurysm. The Memphis medical malpractice lawsuit filed by his attorney blames negligent care and error in diagnosis at the hospital for his death.

Memphis Medical Malpractice Lawsuit: What Constitutes Hospital Error

Any of the following acts involving a doctor or hospital or paramedics can be considered fit for filing Tennessee medical malpractice lawsuit citing hospital error.

Improper diagnosis
Wrong prescription
Negligence in care and medication
Delayed and wrong diagnosis
Noncompliance to the standard care procedure
Wrong lab reports
Wrong or botched surgery
Evidence of medical error
Emergency room error
Complications following medication or surgery
Unnecessary or avoidable treatment
Anesthesia error
Failure to inform about drug side effects
Failure to recognize preexisting factors that can cause complications during treatment

Memphis Medical Malpractice: Legal Option

Consult an expert Memphis medical malpractice attorney to know about the detailed procedure for wrongful death or error litigation against any hospital or doctor. Tennessee allows civil actions under the tort law seeking financial damages and punitive compensations. However, such medical malpractice claims are subject to the following conditions.

Existence of a clear evidence of breach of medical duty and consequent injury
One-year time limit from the date of injury or its discovery subject to a maximum of three-year limitation except for minors or when the lawsuit involves presence of any foreign object in the patient’s body.
Not more than $750,000 in non-economic damages except for wrongful death or major medical malpractice incidents, which permit a compensation claim of up to $1 million.
Punitive compensation is subject $1 million limit for severe damages and $500,000 for minor injuries.
Testimony by a medical expert must accompany the claim and be produced before the jury as an evidence.

People suffering from injuries due to action or inaction on the part of hospitals, doctors, nurses, paramedics, or pharmacies have the right to seek a range of compensations by filling civil actions. To file a Tennessee medical malpractice lawsuit or seek expert guidance of lawyers for medical malpractice in Memphis, Jackson, or any part of state, please contact us or call on 1-800-632-1404.

Contact a Tennessee Medical Malpractice Lawyer

CALL: 1-800-632-1404

FILL OUT THIS FORM FOR FREE HELP: