Tennessee Medical Malpractice Attorney Explains Potential Birth Injury Lawsuit

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What Are Grounds for a Birth Injury Medical Malpractice Lawsuit?

Improper, delayed, or wrong diagnosis during pre and post-natal stages may lead to birth of children with injuries. Consult a Tennessee birth injury lawyer to file a birth injury lawsuit, when the claimed condition is traced to the negligence of a hospital, doctor, or medical staff. Such birth injuries listed during Tennessee medical malpractice litigation over the years include:

Wrongful death during child birth
Cerebral palsy or brain damage suffered by the newborns during child birth
Injury to child or mother during cesarean intervention
Health problems to mother or baby during child birth
Birth defects caused by delayed or wrongful medical action
Wrongful pregnancy following medical advice
Medical negligence leading to excessive maternal bleeding
Medical negligence causing pre-and-post-delivery disorders

Who Can I Name as Defendants?

A Tennessee birth injury lawsuit is a type of medical malpractice lawsuit, and it can be filed against hospitals, doctors, and paramedical staff. A hospital can be liable for the actions of some doctors and medical staff employed by it and acting in their capacity as employees. However, if a doctor deviates from the standard of care, he can also be held liable and sued for birth-related medical malpractice.

What Are the Chances of Settlement?

Without question, some Tennessee birth injury lawsuits are settled out of court. Others proceed to trial, where in recent years there have been both verdicts for the Defendants and for the injured. Both parties have the option to seek mediation and try to settle the case while the case is proceeding. As every case is different, a Tennessee birth injury attorney can explain the settlement and verdict possibilities for your case.

Do I Need an Expert Witness During Trial?

All Tennessee birth injury lawsuits claiming medical malpractice must present a supporting statement of an expert, which is a competent person with adequate technical knowledge in the field. The medical expert is also required to give his testimony before the jury. Tennessee medical malpractice lawyers help clients get unfailing expert testimony by experienced doctors from states that touch the state of Tennessee (e.g. Arkansas, Missouri, Kentucky, Virginia, North Carolina, Georgia, Alabama and Mississippi).

What Are the Different Types of Compensations To Be Claimed?

Plaintiffs filing Tennessee birth injury lawsuits citing medical malpractice can claim the following types of compensations.

General damages covering wrongful death, physical injuries, economic losses, reimbursement of past medical expenditure, future medical cost, and loss of employment.
Financial damages to compensate suffering, agony, emotional disturbance, and loss of family life.
Special compensation for any temporary or permanent economic and non-economic losses subject to jury approval.
Punitive damages awarded to the plaintiff and collected as fine from the defendant to prevent occurrence of such incidents in the future.

What Is the Maximum Compensation a Tennessee Medical Malpractice Birth Injury Lawsuit Can Seek?

The state law stipulates maximum compensation limit of $750,000 for non-economic damages and $500,000 for punitive damages sought in a Tennessee medical malpractice lawsuit. You should discuss the specific types of damages available in your case with a Tennessee birth trauma lawyer.

A few years ago, a Tennessee birth injury medical malpractice lawsuit resulted in $33.5 million awarded to a couple, who had sued a state hospital claiming medical malpractice. It was found that their infant had cerebral palsy attributed to emergency C-section performed during the child birth. The jury while considering the Tennessee medical malpractice lawsuit agreed with the plaintiff’s contention that doctors failed to perform the cesarean intervention in time and it caused severe fetal distress and deprived the infant of adequate oxygen. The baby suffered from brain damage because of the delayed action and now has to live with restricted mobility and bodily functions for life.

What is the Statute of Limitations for a Tennessee Medical Malpractice Birth Injury Lawsuit?

Parents should be prepared to file medical malpractice lawsuits citing birth injury in Tennessee within a year of discovery of the injury. The claim must be filed within three years from the date of occurrence.

Please contact us or call on 1-800-632-1404 to have a free evaluation of your birth injury claim and consultation with our experienced Tennessee medical malpractice lawyer in Memphis, Nashville or beyond.

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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March 4, 2015

FAQ On Tennessee Medical Malpractice Lawsuit For Misdiagnosis

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What Is A Tennessee Medical Malpractice Lawsuit on Misdiagnosis?

Consult a Tennessee medical malpractice lawyer to file a misdiagnosis lawsuit when there is evidence linking diagnostic errors to injury and adverse impacts on health. Human error (by doctors and the medical staff) is a leading cause of injury in the state and hundreds suffer every year due to wrong or delayed diagnosis of illness. This causes patients to endure worsening conditions and side effects of erroneous treatment. “Medical malpractice is the third single cause of death after heart attack and cancer,” claims the Journal of the American Medical Association.

What Are The Different Types of Medical Malpractice Misdiagnosis?

About 12 million US residents suffer due to misdiagnosis every year. The following conditions are considered to be fit for filing misdiagnosis litigations claiming medical malpractice in Tennessee.

Wrong diagnosis or failure to identify the existing illness and mistaking it for some other health problem. A doctor can be liable, for example, when he mistakes a heart attack as gastric distress or a cancerous tumor as benign.
Missed diagnosis or the failure of a doctor, pathology lab, or hospital to diagnose any existing health problem of a patient and declaring him healthy and free from illness.
Delayed diagnosis or the failure of a doctor or hospital to act within a reasonable time frame to diagnose the health condition. Significant delay in prescribing proper treatment or acting on diagnostic reports can lead to hospitals and their staff being sued for medical malpractice in Tennessee.
Diagnosis error or failure to identify health complications. This occurs when doctors err in recognizing the disease complications despite correct diagnosis and such errors aggravate the illness.
Error in diagnosing related illness or failure to recognize diseases as result of the existing illness.

What is the Statute of Limitations for Filing Misdiagnosis Lawsuits?

A Tennessee medical malpractice lawsuit for misdiagnosis must generally be filed within a year, although there are exceptions. You should discuss the statute of limitations with a Tennessee medical malpractice lawyer.

Who Can Be Sued?

Collect all your records prior to visiting your Tennessee medical malpractice lawyer for evaluation of your claim. Hospitals, nursing homes, pathology labs, doctors, or medical staff can be held liable for misdiagnosis. However, prior to filing a Tennessee medical malpractice lawsuit, the plaintiff must provide evidence that

the defendant had a duty to ensure proper diagnosis
the defendant was negligent in his duty causing medical malpractice
the negligence is the cause of misdiagnosis
the medical malpractice caused the patient damages

What Are Damages I Can Seek?

Plaintiffs filing a Tennessee medical malpractice lawsuit citing misdiagnosis can claim a range of compensations, including

Damages for wrongful death, injury, pain, and suffering
Recovery and reimbursement of past and future medical expenditure
Damages for loss of family life and emotional disturbance
Damages for loss of employment
Disability compensation
Punitive damages

More than $3 billion was awarded by US courts in 2012 as medical malpractice compensation. On an average, there was one award in every 45 minutes.

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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.

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September 9, 2014

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

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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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August 22, 2014

The Basics of Tennessee Medical Malpractice Law

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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.

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June 25, 2014August 22, 2014

Tennessee Medical Malpractice Lawsuit: Statute of Limitation, Compensation Restrictions

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Memphis, Tennessee Medical Malpractice Lawsuit Help

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 thought it beneficial to discuss the following.

Wrong prescription, post-operative complications, erroneous diagnosis, wrongful death, imperfect hospital care, and surgical mistakes result in the filing of about 2,000 Tennessee medical malpractice lawsuits every year. The Tennessee State Code delineates detailed, necessary provisions defining the extent, legal procedure, time frame, expert testimony, and compensation limit governing medical malpractice litigation procedure in the state.

Tennessee Medical Malpractice Compensation

Types of Compensation: One can seek the following types of damages by filing a TN medical malpractice lawsuit.

Economic damages for financial loss or expenditure incurred due to injury. It includes medical expenditure, loss of wage, and compensation to cover any tangible economic loss. There is no cap on these damages.
Non-economic damages for emotional trauma, suffering, loss of consortium, loss of family life, and other intangible losses. There is a cap of $750,000.
Compensatory damages to compensate for disability, loss of quality of life, and potential future impact in monetary terms. These damages are similarly capped at the same $750,000 as non-ecomomic damages.
Punitive damages to punish the culprit and deter any medical malpractice action by the person affecting others. These damages are also capped.

Amount of Compensation: The state law defines limits of compensation amount to be granted for various Tennessee medical malpractice conditions.

No restriction on total compensation amount.
The court is empowered to award any amount of economic damages it considers suitable.
Non-economic damages cannot exceed $750,000 for normal injuries and $1 million for catastrophic injuries.
The overall compensation is fixed according injury, state laws, and ability of the defendant to pay.

Compensation Amount Varies Based on Injury: A TN medical malpractice lawsuit is allowed to seek over $1 million in non-economic compensation for amputation, wrongful death, spinal cord damage, and third-degree burns. Higher compensation is also allowed when the court discovers the act as deliberate, intentional, aimed at destroying evidence, or caused by consumption of intoxicants.

Time Limits for Tennessee Medical Malpractice

In Tennessee, medical malpractice lawsuits must be filed within a year of detection of an injury (or when the plaintiff knew or should have known of such an injury). Also, there is a three year statute of repose, which requires all cases to be filed within three years. However, the statute of limitations is not applicable to

those less than 18 years (but a minor must still file within 3 years)
people of unsound mind (but a case must still be filed within 3 years)
when injury involves an undetected an object left inside the patient

The procedure mandates a 60-day pre-suit notice prior to the filing of a Tennessee medical malpractice lawsuit.

Other Important Tennessee Medical Malpractice Provisions

Testimony by an expert witness supporting your TN Medical malpractice claim is a must. The state law requires the witness to be an expert in the medical field, with a permission to practice in the state or neighboring states. He must have specialization over the specific issue that led to the claim.
A certificate of good faith, an affidavit of merit, must be filed within 90 days of a Tennessee Medical malpractice lawsuit is filed. It is an affirmation by the plaintiff confirming the he himself or through his Tennessee Medical malpractice lawyer has consulted experts and obtained their written consent for going forward with a tangible claim.
Failure to file the affidavit leads to dismissal of the litigation “with prejudice” (refilling is not allowed).
There is no restriction on negotiations through TN medical malpractice lawyers seeking an out-of-court settlement.

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February 21, 2014

Medication Errors May Arise to Level of Medical Malpractice in Tennessee

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Tennessee Medical Malpractice Lawsuit for Medication Error

About 1.5 million U.S. residents suffer from fatal and non-fatal injuries due to medication errors every year. According to the Critical Care Medicine journal, hospital medication errors are more common than expected and in two-third errors go unobserved by patients or families. Published in 2013, the report quoted researchers from the Johns Hopkins University School of Medicine, who studied over 800,000 such cases reported in the last five years, to claim that neither patients nor their families were apprised of these mistakes in medication. Unbelievably, no action was initiated against the erring staff despite their faults. The study also found that the most number of hospital medication errors happened during the drug administration.

A medical malpractice lawsuit filed in a state court a few months ago highlighted how a 39-year-old man lost his life because of medication error. The patient was administered higher than prescribed dose of medication that resulted into hemorrhage and severe internal bleeding. He died within 12 hours. The family has filed a medical malpractice lawsuit against the hospital holding it responsible for the medication error that resulted in wrongful death. We provide free case evaluations for similar instances.

What Constitutes A Medication Error

The following are various types of medication error apt for filing of Tennessee medical malpractice lawsuits.

Wrong prescription
Administration of wrong medication
Omission of required medication
Failure to prescribe or administer the required medication
Incorrect regimen or dose prescription or administration
Pharmacy failure to create the right drug composition
Prescription or administration drugs with known side effects

The FDA has issued comprehensive guidelines and warnings apprising consumers of side effects linked to several medications. If your doctor has misled you over prescription drug side effects and recommended a drug that caused you to suffer from injuries, you are at liberty to sue him by filing a Tennessee medical malpractice lawsuit for a medication error.

Compensation Restrictions for Tennessee Medical Malpractice Lawsuit

A plaintiff can seek damages covering medical cost, physical injury, economic losses, emotional suffering, and punitive damages. According to Tennessee state law, the compensation awarded is subject to certain limitations, such as

non-economic damages should not exceed $750,000
award of punitive damages if there is clear and convincing evidence of intentional, reckless, malicious or fraudulent conduct
economic damages of no limit, but must be proven with some specificity at trial (e.g. lost wages, life care plan or similar costs)

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February 21, 2014

Medical Malpractice Due to Misdiagnosis in Tennessee

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When a patient is treated by a doctor, the patient trusts the doctor will correctly diagnose the patient. When there is a failure to diagnosis, patients can be harmed. In certain circumstances, the standard of care requires a doctor or other health care provider to treat a patient differently. When this occurs, there can be a claim for misdiagnosis under Tennessee law.

Tennessee Medical Malpractice Lawyer: Misdiagnosis Claim

A 35-year-old Tennessee man has been awarded $300,000 in damages following a medical malpractice misdiagnosis claim. According to the medical malpractice lawsuit filed in a district court, the doctors removed the plaintiff’s gallbladder following wrong diagnosis of gallstones as tumor. The radiologist was found guilty of misdiagnosis while the surgeon was held responsible by the court for surgical intervention without checking into the veracity of reports.

In 2009, a Shelby County court had awarded $24 million in response to a Tennessee medical malpractice lawsuit filed by a woman claiming breast cancer misdiagnosis. The plaintiff went to a Memphis hospital following a lump in her breast. The doctor mistook the cancerous tumor on her breast as a cyst and failed to refer her for a mammogram test. The lump evolved into cancer that spread to her liver and other body parts due to lack of on-time diagnosis and treatment.

When the plaintiff was referred for ultrasound and mammogram by another doctor in the hospital, medical reports disclosed that she was suffering from breast cancer. She was immediately treated with regular chemotherapy and radiation therapy. In addition to lumpectomy, her uterus was also removed so that pregnancy did not result in any secondary health complications.

The Tennessee misdiagnosis lawsuit held the doctor responsible for the late diagnosis that led the plaintiff to suffer from multiple physical injuries and emotional trauma.

Tennessee Medical Malpractice: What Is Misdiagnosis?

According to the state law and opinion of the experts, the following instances of misdiagnosis are considered fit for filing of Tennessee medical malpractice lawsuits.

Failure to diagnosis
Mistaken identification of disease
Failure to recognize an existing disorder
Pathological report/ doctor declaring people healthy despite health problems
Delay in indentifying a disorder
Error in diagnosis despite correct test reports
Failure to foresee a disease linked to existing health problem
Delay in prescribing tests

Tennessee Medical Malpractice: The Statute of Limitations

The State of Tennessee put forth three types of time limit for any type medical malpractice misdiagnosis lawsuit in Tennessee.

A claimant has one-year time from the date of injury to file a misdiagnosis lawsuit.
Plaintiffs can file a medical malpractice lawsuit within a year of discovery of an injury, not discernible at time of treatment. (future injuries/side effects)
But in no way can a case for medical malpractice, including for a child, be filed more than three years after the procedure occurs, unless the injury is caused by a foreign object left by surgeons inside the patient’s body

Expert Testimony Vital to Seek Compensation

A plaintiff filing a Tennessee medical malpractice lawsuit for misdiagnosis is required to collect and present documents certified by an expert witness that knows the standard of care in the Defendant’s community or a similar community. The expert must also be from Tennessee or a contiguous state to Tennessee. Without expert testimony, a claim cannot proceed. A qualified expert must opine before your case is filed that the case is worthy of proceeding ahead.

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December 4, 2010April 9, 2014

Memphis, Tennessee Medical Mapractice Lawyer Reports on Surgical Errors

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As a Memphis, Tennessee medical malpractice lawyer, we wanted to report on the following article and advise we are available to discuss the facts of your case with you.

The New York Times (10/19, D7, Rabin) reports in Vital Signs that “despite a requirement that hospitals abide by a standard set of procedures to prevent surgical mistakes like operating on the wrong patient or the wrong body part, such errors continue to occur far too often,” according to a paper in the Archives of Surgery. “Past estimates suggested that such mistakes occurred once in every 110,000 procedures, but the paper’s lead author, Dr. Philip F. Stahel, said the incidence might not be so rare — and might even have increased.” He even went so far as to call the “data…shocking.”

The author of the editorial accompanying the study told CNN /Health.com (10/18, Gardner) that “catastrophic surgical errors are ‘a lot more common than the public thinks.'” Martin Makary, MD, of Johns Hopkins University, added, “Each hospital, whether they publicly admit it or not, and whether or not it’s discoverable in a lawsuit, has an episode of wrong-site or wrong-patient surgery either every year or once every few years.” The current study authors decided to look at hospitals in Colorado.

They reviewed cases that were “included in a database of errors doctors reported to the Colorado Physician Insurance Co., or COPIC, between Jan. 1, 2002, and June 1, 2008,” the AP (10/19) reports. “Of the 27,370 incidents in the database, the study found 25 surgeries were performed on the wrong patient and 107 operations on the wrong body part.” What’s more, approximately “one-fourth of those operations inflicted ‘significant harm’ on a patient…and one person died” after suffering “acute respiratory failure” when a “chest tube was placed on the incorrect side.”

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, including because of a hospital infection or otherwise, please call us today for a free case evaluation:(800) 632-1404

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December 4, 2010April 9, 2014

Tennessee Medical Malpractice Lawyer Notes Medicare Patients Injured

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The Dallas Morning News (11/17, Dunklin) DMN Investigates blog says, “A new federal report found that 1 in 7 Medicare patients experienced harmful medical care during hospitalization, extending their stays in many cases, contributing to the deaths of some and costing taxpayers hundreds of millions of dollars.” In the report, the “inspector general projected that about 134,000 Medicare patients had endured so-called ‘adverse events’ like medication errors, delays in treatment and surgical mistakes. Another 134,000 experienced what the inspector general termed ‘temporary harm,’ such as prolonged vomiting and hypoglycemia.”

The AP (11/17) reports, “Medicare’s new chief called for more steps to improve patient safety Tuesday, in the wake of a government report that said one in seven hospitalized Medicare patients is harmed during their stay.” Approximately “1.5 percent of those patients, or 15,000 people a month, suffered a complication that contributed to their death, the inspector general for the Department of Health and Human Services said.” In response to the findings, Berwick, who is “a well-known quality-care specialist,” said, “We have to do better.” CMS “unveiled a new Medicare ‘innovation center’ Tuesday designed to develop and test ways to improve quality of care and lower health care costs for everyone, not just Medicare recipients.”

The Hill (11/17, Pecquet) also notes the launching of the new innovation center in its Healthwatch blog, and quotes Berwick as saying, “For too long, health care in the United States has been fragmented — failing to meet patients’ basic needs, and leaving both patients and providers frustrated. … The Innovation Center will help change this trend by identifying, supporting, and evaluating models of care that both improve the quality of care patients receive and lower costs.” Richard Gilfillan, the center’s acting director, “added that the center aims to improve the care of Medicare and Medicaid patients alike by working to ‘identify, validate, and scale models that have been effective in achieving better outcomes and improving the quality of care.”

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Free Tennessee Medical Malpractice Attorney Consultation: CALL TOLL FREE 1-800-632-1404

Contact a Tennessee Medical Malpractice Lawyer

Free Tennessee Medical Malpractice Attorney Consultation: CALL TOLL FREE 1-800-632-1404

Contact a Tennessee Medical Malpractice Lawyer

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Memphis Medical Malpractice Led to Death of TV Host

Memphis Medical Malpractice Lawsuit: What Constitutes Hospital Error

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