Tennessee medical malpractice attorney – Memphis Trial Attorneys

March 3, 2015

Tennessee Medical Malpractice Attorney Explains Erroneous Surgery Lawsuit

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Surgical errors and post-operative complications make up a large number of claims that a Tennessee medical malpractice attorney evaluates every year. Almost a third of all lawsuits filed against hospitals and doctors in Tennessee involve mistakes ranging from ill-advised procedures to adverse health conditions following surgeries. These medical malpractice litigations are also among those with the highest compensation awarded.

In 2012, a Nashville family was awarded $2o million following the filing of a Tennessee medical malpractice lawsuit. The 45-year-old victim experienced severe complications after he underwent surgery for kidney stones. He was subject to a full-blown infection and died of cardiac arrest within hours. The family of the deceased claimed wrongful death and linked it to surgical errors. The jury found that the anesthesiologist from Metropolitan Anesthesia Alliance violated the standard of care and ordered him to pay $14 million or 70 percent of the total award.

In another Tennessee medical malpractice claim, the jury awarded $6.12 million after the plaintiff’s lawyer successfully established that a gastroenterologist caused a patient’s death. Thirty-three-year-old Kristen Freeman was suffering from continued bowel problems. She had endoscopy and colonoscopy procedures at a Hamilton County hospital. The complications arising from erroneous surgery led Freeman to suffer from permanent brain damage.

According to her Tennessee medical malpractice attorney, an intestine perforation during the surgery caused her to have severe pain and vomiting. The gastroenterologist, who performed colonoscopy, prescribed Freeman anti-nausea medications to overcome the health problem. However, the patient had a stroke on the very next day that left her with severe brain damage.

Tennessee Medical Malpractice: What Constitutes Surgical Error

The most viable grounds for medical malpractice claim against surgical mistakes include,

Wrong surgery
Surgical error leading to death
Error during surgical procedure
Surgical instruments or foreign objects left behind in the body
Post-surgery infections
Use of contaminated equipment
Improper anesthesia dosage administration
Peripheral nerve or organ damage during surgery
Failure to warn of associated risks
Failure to ensure effective post-surgical treatment
Surgery despite existing of risk conditions

The Statute of Limitations

Any Tennessee medical malpractice lawsuit seeking liability for surgical error must be filed within the time stipulated under the state statute of limitations. Generally one-year is allowed for medical malpractice actions arising from surgical mistakes. Surgical mistake lawsuits must be filed within a year from the date of surgery.

Tennessee Medical Malpractice: Compensation

Extent of Compensation

The extent of compensation depends on the extent of injuries and legal liability. Usually, a Tennessee medical malpractice attorney seeks for his or her client three types of compensation against surgical mistake, including:

Compensatory damages for actual costs incurred on treatment and tangible economic losses
Non-economic damages for suffering, disability, pain, and such other intangible losses
Punitive damages for liability of the defender causing the suffering of the plaintiff

The changes in the state law cap punitive damages at $500,000 for minor surgical mistakes and $1 million for major surgical mistakes claimed by a Tennessee medical malpractice lawyer for his client.

The Comparative Fault Law

Tennessee medical malpractice lawsuits are subject to modified comparative fault provision. It stipulates the following conditions.

Compensation is granted for surgical mistake seeking medical malpractice in proportionate to the negligence or fault of the plaintiff and the defender.
The defender must be 51 percent responsible for the health condition to compensate the plaintiff.
If the plaintiff is 50 percent or more liable, he recovers nothing.

Please contact us or call on 1-800-632-1404 to have a free evaluation of your surgical error claim and consultation with our experienced Tennessee medical malpractice attorney in Memphis.

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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September 9, 2014

Tennessee Medical Malpractice Lawsuit Filed Over Death of 15-Month Old

Tennessee medical malpractice attorney in Jackson and Memphis

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A Tennessee medical malpractice lawsuit filed over the wrongful death of a 15-month-child has sought $5 million in damages. Sawyer Mason Adams died because of infection that aggravated following wrong diagnosis and negligence by doctors at a clinic in Maryville and then at Knoxville-basedEast Tennessee Children’s Hospital, allege parents Kayla and Nick Adams. The deceased had swallowed a penny, which resulted in choking problems, but doctors treated it as a stomach virus and did not prescribe more tests, claim documents submitted by the Tennessee medical malpractice attorney representing the Friendsville couple.

The child was first brought to Maryville Pediatric Group clinic in April 2013 after he appeared to be suffering from choking and swallowing problems. According to the medical malpractice lawsuit filed in Blount County, Tennessee, the practitioner nurse at the clinic suggested it to be “a stomach virus or acid reflux.” Sawyer was discharged after a series of tests. The supervising physicians prescribed medicines based on the nurse’s diagnosis after the family informed the clinic about the continued problem.

Six days later, the child was admitted to the East Tennessee Children’s Hospital emergency care as his condition became worse. The doctor, who had previously treated him at the pediatric clinic, ran several tests on the child and discharged him after five hours despite his diagnosis indicating presence of gastroesophageal reflux disease at least for a week. The medical malpractice lawsuit alleges that the Tennessee hospital staff did not bother to suggest tests to see if the child had a foreign object in his food pipe and the patient was sent home.

The child died hours later at another hospital, and autopsy reports disclosed infection caused by the presence of a one-cent coin in the gullet passage as the possible cause of death. Tennessee medical malpractice lawsuit named the two hospitals, practitioner nurse, and supervisor doctor as defendants, who allegedly did not explore the possibility of “a foreign object which could have easily been detected by an X-ray.”

Medical Malpractice Lawsuit for Diagnostic Errors

Tennessee law allows filing of medical malpractice claims for diagnostic errors, such as

Wrong diagnosis
Failure to diagnose on time
Delayed diagnosis
Improper diagnostic test results
Diagnostic centers violating standard care

The highest numbers of medical malpractice suits brought in Tennessee are based on alleged wrong diagnosis or failure of the hospitals and doctors to identify and treat the real cause of the disease. In 2012, Mid-Cumberland Infectious Disease Consultants of Clarksville was sued for its failure to prescribe appropriate medication. The Jackson man had severe urinary tract infection that doctors at the hospital failed to identify and treat accordingly, asserted plaintiff’s medical malpractice lawyer during the court trial.

In 2009, a Tennessee couple was awarded $24 million in a medical malpractice breast cancer misdiagnosis lawsuit. The defendant doctor prescribed breast cancer treatment for benign tumors. As a result, the lady had to undergo strenuous chemotherapy sessions. Another Jackson medical malpractice lawsuit filed over the death of a woman resulted in $270,000 compensation for the plaintiffs. Wrong diagnosis of chest pain resulted in the death of the 55-year-old woman next day due to heart attack.

Medical Malpractice Lawsuit: Tennessee Statute of Limitations

To be considered by a jury for civil claims, a medical malpractice lawsuit in Jackson, Memphis, Nashville, or any other parts of the state must be brought within a year of the misdiagnosis is discovered. No malpractice suit against hospitals or doctors is accepted for civil actions, if a there is a three-year gap between the alleged incident and the filing of the claim, except when

the victim is a minor (below 18 years)
the victim is of unsound mind
the victim’s claim involves presence of a foreign object in their body

Non-economic damages granted in Tennessee as part of medical malpractice compensation are limited to $750,000. However, there is no such cap for claiming economic damages caused by the injury. You can seek up to $1 million in compensation for major instances of medical injuries.

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 Jackson, Memphis, or any part of Tennessee, please contact us or call on 1-800-632-1404.

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December 6, 2013

Arkansas Medical Malpractice Attorney Comments on Potential Case

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As a Memphis, Tennessee medical malpractice lawyer with the ability for members of our team to also investigate claims in Mississippi, Arkansas, and Kentucky, we wanted to provide this information to the public.

Arkansas Medical Malpractice Lawsuit for Surgical Mistake

Doris D. Riddick of Arkansas has initiated a medical malpractice lawsuit against her podiatrist for performing avoidable surgical procedures that forced her to suffer from post-surgical complications. In 2007, a burning sensation in her right foot led her to seek treatment from the podiatrist. The doctor carried out a number of unnecessary surgical procedures on her foot starting from July 2011 that resulted in bone inflammation. Riddick underwent multiple surgeries to treat the complications. Her medical malpractice lawsuit claims that the podiatrist did not inform her about the post-operative complications that caused her immense pain and suffering and financial loss due to additional surgery.

An Arkansas medical malpractice lawsuit filed following incorrect brain surgery resulted in $11 million award against Arkansas Children’s Hospital. Parents of a Mabelvale boy sued the hospital after doctors at the hospital first operated on the wrong side of the brain of a 15-year-old boy, who was suffering from seizures. Notwithstanding the second surgery on the right side, the boy suffered from brain tissue damage and was forced to suffer life-long injuries. The first trial of the Arkansas medical malpractice lawsuit led to $20 million award by a Pulaski County jury. However, the Supreme Court limited it to $11 million while endorsing the surgical mistake claim.

The Memphis Veterans Affairs Medical Center is facing a $6.5 million claim over death of a 60-year-old Arkansas man from surgical complications. According to the medical malpractice lawsuit, the victim underwent a “routine, elective, lifestyle-enhancing” operation to clear leg arteries blocked due to peripheral vascular problem. However, he was mistakenly shocked and left with a surgical balloon in his legs while being operated. This led to paralysis and caused a hole in his lower back. He died a few months later, as doctors failed to prescribe any effective treatment for surgery complications.

Grounds for Surgical Mistake Lawsuits

An Arkansas medical malpractice lawsuit can be filed citing surgical mistakes on the following grounds:

Unnecessary surgical procedures
Post-operative complications
Mistakes during surgery
Failure to keep standard of care during surgery
Failure to inform patients about risks of surgical complications
Failure to guide on effective post-surgery recovery
Surgery leading to additional medical treatment
Unnecessary pain and suffering due to surgery

Arkansas Medical Malpractice Lawsuit: The Legal Eye

When two or more are found to be responsible for a surgical mistake, Arkansas medical malpractice regulation requires both to pay for compensation in proportion to their liabilities.
The state follows the principle of Collateral Source that mandates reduction in Arkansas medical malpractice lawsuit compensation award paid to the plaintiff from other sources, such as own insurance.
The expert witness appearing on behalf of the plaintiff must be equally or more qualified compared to the defendant medical professional.
The statute of limitations stipulates a two-year window for all Arkansas medical malpractice lawsuits except for wrongful death, which can be filed within three years. All litigations must be initiated within two years of injury.
Plaintiffs are not allowed to seek punitive damages exceeding $250,000 or three times of the economic damages granted. There is no limit on economic or non-economic damages and it may vary from case to case.

About Us

Members of our firm have litigated medical malpractice cases in a number of states including Tennessee, Mississippi and Arkansas, and we are now accepting free case evaluations in Kentucky, as well

There are a number of types of claims for medical malpractice in Tennessee, Mississippi, Arkansas and Kentucky including Misdiagnosis of cancer, Failure to diagnose heart conditions, Surgical errors, Orthopedic malpractice, Emergency room errors, Anesthesia and pharmaceutical malpractice, Failure to Transfer a Patient to Another Facility, Early Discharge, Birth injuries, Children’s injuries, Spinal cord injuries, Nursing home injuries, Plastic surgery injuries, Lasik surgery, Prescription errors and Reactions to prescription drugs.

If you or a loved one in Tennessee, Mississippi, 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.

We accept and handle medical malpractice cases on a contingency fee, meaning we front all litigation expenses (so there is nothing out of pocket for you) and we do not take a fee on the case unless there is a recovery by settlement or judgment. This means we can be your lawyer for no money down and no money owed during the pending case.

In order to try and help you, please contact us today:

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December 6, 2013

Tennessee Medical Malpractice Lawyer Reports on Lawsuit Filed over Meningitis Outbreak

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Tennessee Medical Malpractice Lawsuit Against Hospital for Meningitis Outbreak

Springfield resident Joyce McKinney’s doctor referred her to Saint Thomas Outpatient Neurosurgical Center in August 2012 so that she could have a better treatment for her radiating neck pain. However, the 73-year-old was diagnosed with life-threatening meningitis following her treatment at the hospital. She has filed a Tennessee medical malpractice lawsuit claiming that administration of tainted spinal steroids at the hospital led her to contract fungal meningitis.

McKinney was injected with methylprednisolone acetate twice within a fortnight gap at the Saint Thomas Hospital. The injections belonged to the New England Compounding Center, which was blamed for supplying contaminated products, leading to fungal meningitis outbreak claiming 153 lives nationwide. There were at least 15 deaths reported in Tennessee. According to the Tennessee medical malpractice lawsuit, the patient remained hospitalized for almost a month until she was treated with anti-fungal medications.

The plaintiff has sought $3 million in damages claiming that Saint Thomas Hospital was “negligent and reckless” for injecting patients with compounded medications sourced from a pharmacy that violated the FDA regulations. A similar Tennessee medical malpractice lawsuit has also been filed by a Nashville couple alleging that the hospital was careless in procuring the injections from the New England Compounding Center.

Tennessee Medical Malpractice: Key Facts

About 2,000 Tennessee medical malpractice lawsuits are filed every year citing lack of hospital care, medication mistakes, wrong prescriptions, surgical mistakes and complications, and diagnosis errors. Birth injuries, surgical mistakes, post-operative infections, lack of care during hospitalization, and delayed diagnosis are the reasons behind more than half of Tennessee medical malpractice lawsuits filed in 2012. Only 30 percent of Tennessee medical malpractice claims are fought in the court, as 70 percent of them are settled out of the court during the legal notice or discover stage.

The state law allows filing of Tennessee medical malpractice lawsuits against a hospital or medical professional only when there is a clear of physical, medical, or emotional injury caused by negligence or visible breach of care standards. The plaintiff is required under the law to prove that

the hospital or doctor has violated a duty toward patients,
the violation is the reason of injury, and
there is conclusive evidence to link injury with violation of duty.

Under the state law, medical malpractice lawsuits are considered civil litigations and can be filed separately from criminal litigations. These are meant to recover medical cost or seek punitive damages for the medical injuries. In 2011, Nashville-based Vanderbilt University Medical Center paid $45,000 and one of its doctor paid $35,000 to settle a Tennessee medical malpractice lawsuit filed against hospital refusal to admit an unstable patient requiring emergency specialized medical care.

Tennessee Medical Malpractice Lawsuit: Compensation Claim

Recently, a Memphis jury awarded $33.5 million to parents of a child born with cerebral palsy attributed to error during the cesarean delivery. The court agreed with the claim that delay on the part of the doctors led to life-threatening conditions for the newborn. The compensation granted included all past, present, and future medical costs and punitive damages.

One can seek following types of compensations by filing a medical malpractice lawsuit in Tennessee.

Medical costs incurred and future expenditure
Compensation for loss of employment
Compensation physical torment
Compensation for emotional agony
Damages to punish the defendant
Non-economic damages for intangible losses

Time Limit for Filing Tennessee Medical Malpractice Lawsuit

A Tennessee medical malpractice lawsuit must be brought in within three years of the injury or within a year of the injury is discovered, whichever is earlier.
The statute of limitations offers one-year time limit from the date of discovery for filing of lawsuit citing foreign objects left in patient’s body.
Tennessee medical malpractice lawsuits filed alleging fraudulent concealment has a one-year statute of limitations from the date of discovery.
The statute of limitations is applicable only after a patient turns 18 years.

About Us

Members of our firm have litigated medical malpractice cases in a number of states including Tennessee, Mississippi and Arkansas, and we are now accepting free case evaluations in Kentucky, as well

In order to try and help you, please contact us today:

CALL: 1-800-632-1404

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September 4, 2013

Mississippi Medical Malpractice Lawyer Discusses Malpractice Injuries

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As a Memphis, Tennessee medical malpractice lawyer with the ability to also investigate claims in Mississippi and Arkansas, we wanted to provide this information to the public.

Mississippi Medical Malpractice Lawsuit

In one of the recent Mississippi medical malpractice lawsuits, a jury awarded $5 million claim to a plaintiff in Coahoma County after finding the defendant guilty of medical negligence. The plaintiff claimed that the defendant was negligent, careless, and reckless in performing his duty, as he discharged her at a time when she should have been moved to Memphis for an MRI to remove her herniated disc. According to the plaintiff, negligence on the part of the doctor caused her extreme pain, and she suffered from quadriplegia three days later. The plaintiff had to be airlifted to Memphis later, and she had to bear all the cost, which caused her immense financial strain.

Health care providers have a moral and legal responsibility to provide requisite standard of care and treatment for improvement of health of their patients. However, if the doctors fail to fulfill their duty of providing utmost care for their patients, causing them physical injury or emotional pain, they can be held liable for physical, economic, non-economic, and punitive damages.

Under Mississippi Code section 11-1-60, Mississippi caps non-economic damages up to $500,000, limiting the amount that a plaintiff can receive after the jury finds the defendant liable for medical negligence. Non-economic damages are meant to compensate the plaintiff for the stress, anxiety, pain and suffering and other negative effects of the negligence, including loss of enjoyment in life, disfigurement, scarring, on the part of the defendant. There is no such cap on economic damages, which include reimbursement of lost income, lost wages, payment of past medical bills, compensation for the plaintiff’s inability to earn a living due to any injury or suffering from the malpractice, and payment for future medical care. This may also include any other verifiable losses that can be associated with the malpractice in Mississippi.

Statutes of Limitations in Mississippi

In Mississippi, there is a time frame on taking action in a medical malpractice case, which must be filed within two years of the act or alleged omission. This may also include death claims. The Mississippi laws have special provisions for cases that involve foreign objects or fraudulent concealment. The law allows minors or mentally disabled extra time for action depending on their status on the date of the cause of the negligence discovery.

The state of Mississippi follows the doctrine of pure comparative negligence, which means that the plaintiff’s contributory negligence proportionally reduces recovery. However, this does not apply to any such acts where the defendant is blamed for wrongful intent.

Vicarious Liability

In Mississippi, hospitals are not held liable for the negligence on the part of independent contractor doctors. Vicarious liability applies in cases where a medical facility is found to be holding itself as providing the service that the plaintiff seeks, without bothering about the physician’s identity. If a medical facility is held vicariously liable, it is legally entitled to receiving compensation from the negligent doctor.

In Mississippi, expert medical testimony is crucial to proving negligence or malpractice, excluding cases in which even a layman is able to understand the negligence as a matter of practical experience.

The state of Mississippi does not require arbitration agreements for resolving medical malpractice claims. However, it is increasingly becoming a growing trend in the state, with the Mississippi Supreme Court enforcing arbitration agreements with regard to the services provided by health care providers in two cases.

More on Medical Malpractice

Medical malpractice is negligent conduct by a health care provider that causes injury or death to a patient. It is more appropriately called “medical negligence” because the use of the word “malpractice” often connotes incompetence or a lack of professionalism. An otherwise competent health care provider may negligently injure another, just like an otherwise driver can negligently change lanes and hit another vehicle. The fact that a person is negligent does not mean that he or she is incompetent; it only means that at the time of that event, he or she did not act in keeping with the standard of conduct society expects.

There are a number of types of claims for medical malpractice in Tennessee, Mississippi or Arkansas Misdiagnosis of cancer, Failure to diagnose heart conditions, Surgical errors, Orthopedic malpractice, Emergency room errors, Anesthesia and pharmaceutical malpractice, Failure to Transfer a Patient to Another Facility, Early Discharge, Birth injuries, Children’s injuries, Spinal cord injuries, Nursing home injuries, Plastic surgery injuries, Lasik surgery, Prescription errors and Reactions to prescription drugs.

If you or a loved one in Tennessee, Mississippi or Arkansas 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.

CALL: 1-800-632-1404

EMAIL: CLICK HERE.

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September 4, 2013

Arkansas Medical Malpractice Attorney Discusses Injuries

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As a Memphis, Tennessee medical malpractice lawyer with the ability to also investigate claims in Mississippi and Arkansas, we wanted to provide this information to the public.

Arkansas Medical Malpractice Lawsuit

On May 16, 2013, an Arkansas medical malpractice jury found a nursing home in Faulkner County negligent in the treatment and care of a woman resident. The jury returned a unanimous verdict against the nursing home after it found that the nursing home’s staff violated the resident’s rights by not transferring her to a hospital emergency room when she was in extreme abdominal pain. The resident died April 7, 2008. The jury set damages for physical and mental pain and suffering of the resident at $5.2 million.

In another Arkansas medical malpractice lawsuit, the jury, holding Greenbriar Nursing and Rehabilitation Center guilty of failing to provide timely emergency care to a patient, ordered it to pay $5.2 million in June 2013.

These are just a few examples of the increasing number of medical malpractice and negligence cases in Arkansas, where either the hospital facility or the doctor and his staff are found to be negligent in fulfilling their duties toward their patients.

Medical Malpractice Lawsuit: How to Claim Damages

Medical malpractice occurs when a health care provider falls below the governing standard of care, causing physical, emotional loss to the patient. In Arkansas, a plaintiff can claim compensation for physical, economic, and non-economic damages.

Physical losses include compensation for any injury, disease, disability, or suffering caused due to medical negligence.
Economic damages include any financial losses borne by the plaintiff due to medical negligence, such as loss of wages and medical expenses.
Non-economic damages include mental anguish and emotional suffering, which may impact the plaintiff’s family life.
Punitive damages may be sought to hold the defendant guilty and punish them and prevent any such incidents of medical malpractice.

As a plaintiff, the most common types of compensations you may claim include:

Punitive damages
Compensation for disability, physical injury or loss
Reimbursement of medical expenses
Compensation for emotional trauma or anguish
Compensation for loss of employment

The jury takes many factors into consideration to determine the amount of compensation for the plaintiff, including extent of error and injury.

In Arkansas, the injured patient or their relatives can sue a licensed health care provider, including medical facility, doctors, psychotherapists or counselors, for:

Avoidable delay in the treatment for a diagnosed medical condition
Failure to provide standard treatment
Failure to diagnose a medical condition
Misdiagnosis of a disease or medical condition

In Arkansas, a plaintiff can claim punitive damages for up to $250,000, or three times the actual damages. Awards may be reduced by payments from collateral sources for medical malpractice lawsuits in the state of Arkansas. In the event of death of the plaintiff, unpaid installments can be reduced for future pain and suffering.

In medical malpractice cases, where there is more than one defendant, each defendant is liable to pay damages to the plaintiff in proportion to their own fault, excluding injury from intentional acts. Under Arkansas law, there is a limited time frame to file a claim. The medical malpractice lawsuits must be initiated within 2 years from the date the plaintiff suffered injury. Arbitration and dispute resolution are encouraged as a viable method of resolving Arkansas medical malpractice lawsuits.

A medical malpractice attorney can help you determine if a certain action amounts to a medical negligence claim.

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July 11, 2013

Arkansas Medical Malpractice Lawyer

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As a Memphis, Tennessee medical malpractice lawyer with the ability to also investigate claims in Mississippi and Arkansas, we wanted to provide this information to the public.

Arkansas Medical Malpractice Lawsuit

A birth defect is a form of trauma or injury received by a newborn during the time of birth. Under Arkansas law, birth injuries resulting from negligence on the part of the hospital staff at the time of delivery or labor and that could have been preventable are appropriate cases for filing an Arkansas medical malpractice lawsuit. The law provides for compensation for economic and non-economic loss suffered by the child and their family due to birth injury. A lawsuit cannot reverse the damage done, but it can surely assist in the grieving process. Moreover, medical providers must be held accountable for negligence or failure to perform their duty to ensure refinement of medical safety.

Arkansas Medical Malpractice Lawsuit: Birth Injury Defects

A medical malpractice lawsuit can help you seek damages for the pain and suffering if you or a loved one has been injured as a result of:

Nursing home abuse
Misdiagnosis
Failure to diagnose
Anesthesia errors
Surgical errors
Emergency room errors
Wrongful prescription
Vacuum extraction negligence
Failure to properly monitor mother and/or infant
Forceps damage
Oxygen deprivation
Failure of the medical staff to treat fetal distress
Improper use of medical equipment
Performing an unnecessary C-section
Delay in C-section
Miscalculation of the size of the fetus
Trauma during delivery

Inadequate oxygen supply during labor or delivery may cause hypoxia or cerebral palsy. The child may suffer from nerve injuries or permanent disability due to extended traction.

If your child is suffering from a birth injury, it is an extremely distressing and upsetting scenario for you as a parent. Thus if you feel the condition of the child is due to an act of negligence on the part of the hospital or medical staff, it is your right to sue those responsible for your child’s pain and suffering and claim compensation you deserve for medical errors. In order to determine if you have a valid medical malpractice claim, contact a specialist birth injury lawyer in Arkansas, who will try to find out if you have valid grounds to file a claim. Such a medical expert will try to find answers to important questions to establish a connection between the birth defect and negligence or medical malpractice. They will find out if:

you received proper prenatal care during pregnancy
there was proper monitoring by the medical staff during labor and delivery
the child should have been delivered by C-section
there was delay in carrying out the surgical procedure

A birth defect or injury can lead to a lifetime of increased needs, making your child disabled or dependent on another person. The birth injury may cause other medical problems that can be extremely expensive to treat. Certainly, as parents, this can be an emotionally trying time for you. In such a situation, compensation received from an Arkansas medical malpractice lawsuit settlement can be of great help. It is your right to sue the guilty to recover damages to care for your child’s needs.

Types of Birth Injury

Parents may be entitled for compensation for birth injuries caused to their child by miscalculations, delays, mistakes, errors, or even negligence of the medical staff. Some of the birth injuries include:

Cerebral palsy
Skin problems
Brachial plexus palsy
Brain damage
Fractured bones
Erb’s palsy

Since there are statutes of limitation in Arkansas State, you must file your Arkansas medical malpractice lawsuit claim against the hospital or doctor for negligence or incompetence in performing their duties within a certain time period to retain eligibility.

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July 11, 2013

Tennessee Medical Malpractice Birth Injury Cases

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As a Memphis, Tennessee medical malpractice lawyer with the ability to also investigate claims in Mississippi and Arkansas, we wanted to provide this information to the public.

Tennessee Medical Practice Lawsuit: Birth Injury Defects

The number of Tennessee medical malpractice cases has grown exponentially over the past few years. Of these, birth defect injuries have registered a remarkable increase. A number of medical malpractice lawsuits have been filed in Tennessee, citing doctor’s failure to closely observe warning signs in prenatal care, shifts in fetal position, misdiagnosis, delayed diagnosis, surgery mistakes, wrong prescription, and post-operative complications. Though no amount of compensation can make up for the loss or injury of your child, the guilty doctor should not be let scot free so that no other parent has to meet the same fate as you. The compensation will assist you through the grieving process.

Birth Injury Types

Most Tennessee medical malpractice lawsuits are filed over birth injuries occurring in hospitals, such as traumatic brain injury, Erb’s palsy, hypoxia, cerebral palsy, disfigurement, undiagnosed preeclampsia, and spinal cord injury. Fetal distress, umbilical cord entrapment, delay in ordering cesarean sections, botched vacuum extractions, failure of the medical staff to respond to bleeding, and bruising from forceps can cause severe birth defects. It is the responsibility of the doctor and his medical team to make sure such complications are not ignored, which can even result in death of the child and mother.

If you suspect that your child has suffered a debilitating birth injury or died due to negligence of the hospital staff or medical malpractice, it is your right to sue the hospital or healthcare professional involved in the case for compensation for economic and non-economic losses, including suffering of your child, therapy, medical bills, and rehabilitation, mental and emotional distress, loss of enjoyment, and disfigurement. The victim or their family can file a Tennessee medical malpractice claim under the tort law against a medical facility, a healthcare professional, doctor, nurses, or all those involved in the process of treatment, holding them accountable for acts of omission and commission.

Symptoms of Birth Injury

You can look for the following signs or symptoms in your child to find out if it is a case of medical malpractice:

Poor muscle control
Deformity
Bruising
Delay in cognitive development
Paralysis
Excessive crying and mood swings

Can You File a Medical Malpractice Lawsuit

Birth injury cases are filled with emotion and thus complex in litigating. It is extremely distressing for parents of a newborn baby to see their child suffering from birth defects due to negligence on the part of the medical staff or hospital. If a newborn is a victim of negligence and suffer from birth injuries in Tennessee, this will affect the rest of their life, having life altering consequences on their quality of life. In such a situation, parents of the child can seek damages against the defendants. Tennessee medical malpractice lawyers make sure that a strong case is built against the doctor or hospital or other medical staff present during labor or delivery for negligence or medical practice by way of a birth injury lawsuit.

A medical expert reviews birth records along with the facts related to the birth injury to find out if the medical care at the hospital was below the acceptable level of care in the community. Parents of the child have a legal right to pursue the action in court if the expert establishes certainty of medical facts that medical negligence or malpractice is to be blamed for the birth injury.

If your child has suffered birth injuries during delivery, post-partum, or pregnancy due to negligence on the part of the obstetrician, pediatrician, or delivery room nurse, all those medical professionals allegedly responsible for the present state of the child should be held accountable for their failure to fulfill their duty.

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May 22, 2013

Arkansas Medical Malpractice Overview

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As a Memphis, Tennessee medical malpractice lawyer with the ability to also investigate claims in Mississippi and Arkansas, we wanted to provide this information to the public.

Arkansas Medical Malpractice Lawyer

An Arkansas medical malpractice lawsuit, filed at a Faulkner County court following the death of a woman due to delay in treatment, has resulted in $5.2 million compensation to the victim’s family. The medical malpractice claim sought damages on the ground that delay in transferring the 72-year-old patient to an emergency room despite doctor recommendation led to rapid deterioration of her health, which finally led to her death. The amount of compensation included compensatory as well as punitive damages.

More than 15,000 medical malpractice lawsuits are filed in U.S. courts every year, with average compensation hovering close to $1 million. While about 100,000 people are killed because of medical errors, nearly 200,000 suffer from injuries leading to permanent or temporary health problems every year. Three-fourths of medical malpractice claims cite medical errors, while more than 95 percent highlight injuries as the most potent cause.

Grounds for Arkansas Medical Malpractice Claim

According to the Arkansas state law, any violation of standard treatment and care by medical professionals or institutions forcing patients to suffer injuries constitutes an act of medical malpractice. The actions by doctors or hospitals during the treatment course or their failure to undertake appropriate treatment resulting in negative results entitle patients or their families to initiate an Arkansas medical malpractice lawsuit.

Injuries caused by the following conditions qualify for a claim through an Arkansas medical malpractice lawsuit.

Failure to diagnose, delay in diagnosis, or wrong diagnosis of a medical condition
Failure to treat a medical condition in an appropriate and timely manner
Failure to foresee and prevent complications caused by the treatment
Failure of surgery leading to additional surgeries
Surgical mistakes, such as complications following surgery or foreign objects found left inside the body
Failure to prescribe or provide right drug and dosage

Arkansas Medical Malpractice Lawsuit: Doctors and Clinics

In Arkansas, medical malpractice lawsuits can be filed against both medical professionals and hospitals. The term medical professional refers to all licensed health care providers, such as doctors, nurses, therapists, psychologists, and counselors. In 2011, a woman initiated an Arkansas medical malpractice claim against her pathologist after she was misdiagnosed for breast cancer. She even underwent mastectomy. However, it was found during the post-mastectomy review that the earlier pathological report was wrong. Similar malpractice litigation led to $15 million compensation to a New York woman in 2012.

Hospitals, clinics, diagnostic centers, and pathological labs can also be held liable for acts of their staff that caused patients to suffer negative consequences.

Statute of Limitations for Arkansas Medical Malpractice Lawsuit

All Arkansas medical malpractice lawsuits must be filed within two years of the date of injury or discovery of injury in case of delayed review.
In case of discovery of foreign objects inside the body, the statute of limitation comes into effect from the date of such discovery.
The statute of limitation for wrongful death lawsuits is three years.

Arkansas Medical Malpractice Lawsuit: Legal Principles

Collateral Source Rule

The compensation to be paid by the defendant can be reduced if evidence shows that the plaintiff has been paid from collateral sources, such as insurance.

Rules for Expert Witnesses

The law requires expert witnesses to have equal medical specialty and position as the defendant.

Joint and Several Liability

If two or more persons have been found to have committed medical malpractice, Arkansas law requires each to pay damages proportionate to their fault.

Arkansas Medical Malpractice Compensation

One can seek compensation to cover all their economic losses – past, present, and future – by filing an Arkansas medical malpractice lawsuit. Even non-economic damages for pain and suffering and punitive damages can be sought. However, the state law caps punitive damages by fixing the upper limit at $250,000 or thrice the economic losses.

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May 22, 2013

Tennessee Medical Malpractice Lawyer: Do I Have a Claim?

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As a Memphis, Tennessee medical malpractice lawyer with the ability to also investigate claims in Mississippi and Arkansas, we wanted to provide this information to the public.

Tennessee Medical Malpractice Lawsuit: Do I Have A Claim?

About 2,000 medical malpractice lawsuits are filed in Tennessee courts every year. While misdiagnosis or delayed diagnosis accounts for the highest number of Tennessee medical malpractice lawsuits, a few of these are also filed over wrongful death, surgery mistakes, post-operative complications, and wrong prescription. More than 70 percent of claims are settled following legal notices, and only 30 percent reach the litigation stage. A majority of medical malpractice litigations are settled out of court, thanks to the efforts of expert Tennessee medical malpractice attorneys.

The Tennessee State Code has explicit provisions defining and delineating medical malpractice claims. It focuses on three points – what constitutes medical malpractice in Tennessee, the time limit within which a claim must be filed, and the upper limit of damages to be granted.

What Is Tennessee Medical Malpractice?

The state law considers any breach, neglect, or violation, willfully or unwillingly, of standard treatment care provision by a healthcare professional or hospital as an instance of medical malpractice in Tennessee. The diagnosis, treatment, and care of various health problems follow a standard medical procedure depending on the age and condition of the victim. Any deviation from this can put the life and health of the patient in jeopardy, causing them to suffer from problems that could have been prevented.

Thus a Tennessee medical malpractice lawsuit can be filed in the event of:

Wrongful death or injury caused by misdiagnosis
Surgical mistakes and injuries
Wrong or delayed diagnosis
Prescription of incorrect drug or treatment
Leaving foreign object inside
Pre-operation, intraoperative, and post-operative injuries, complications, infections
Complications, infections following treatment
Wrong amputation or surgery
Birth injury, negligent inpatient care, anesthesia error
Nursing home abuse
Lack of hygienic condition at hospital conditions contrary to medical standard

Definition of Healthcare Professionals/ Hospitals

A Tennessee medical malpractice claim can be initiated based on the aforementioned grounds against a healthcare professional or hospital. The definition of healthcare professional includes everybody involved in the process of treatment, right from doctors to nurses. All types of medical professionals can be sued under the tort law through a civil lawsuit seeking their accountability for acts of omission and commission.

Tennessee medical malpractice claims can also be made against any hospital in the geographical limits of the state. All healthcare facilities, including pathology labs and clinics, are expected to have trained professionals, equipment, and adequate environment meeting usual healthcare conditions while offering services. Hospitals must take adequate care of a patient, provide him befitting treatment, and secure him from any preventable injury. The state law allows patients to claim medical malpractice in Tennessee and seek damages if there is any injury or suffering caused by lack of proper treatment and care.

Tennessee Medical Malpractice Lawsuit: The Legal Provision

The state law requires all TN medical malpractice claims to establish

the healthcare service provider, doctor or hospital has a duty to treat the patient adequately
there was evidence of no adequate treatment
negligence or lack of adequate treatment resulted in injury or suffering

Injuries can be of various types, ranging from physical and medical injuries to psychological damage and financial loss. Any one suffering from these injuries caused by negligence or acts of omission of hospital staff or doctors can file claim for damages through a civil lawsuit. However, the claim must seek damages against compensable injury.

Tennessee Medical Malpractice Lawsuit: Statute of Limitations

Tennessee statute of limitations allows one-year time limit to a victim or their relative file a medical malpractice claim, from the date of the discovery of injury.
No medical malpractice claim can be made after three years of the date of injury. One must file a civil claim within three years of receiving the injury. There is an exception to discovery of foreign objects left in the patient’s body. The limitation comes to force only it has been discovered.
In case of fraudulent concealment by medical professionals or hospitals, there is no three-year statute of limitations to make TN medical malpractice claims. However, the litigation must be initiated within a year of the discovery of fraudulent action or injury.
For minors, the claim must still be filed within three years.

Tennessee Medical Malpractice Lawsuit: The Compensation

Tennessee law allows a variety of compensation claims through medical malpractice lawsuits or notices. These include:

Compensatory Damages: Granted to compensate injury, suffering, loss of job, medical costs, and other physical and economic losses. It covers out-of-pocket expenses in the past, present, and future as well as temporary and permanent tangible economic losses.
Punitive Damages: Awarded to the plaintiff as a symbol punishment to those responsible for his injury and sufferings.
Non-Economic Damages: An attempt to heal emotional and psychological sufferings in monetary terms, this also compensates loss of family life of the plaintiff.

More on Medical Malpractice

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