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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.
Medical Malpractice Lawsuit in the United States: An Overview
Medical malpractice and negligence is the sixth leading cause of fatalities in the United States. More than 98,000 preventable deaths and over 200,000 injuries occur every year because of wrong diagnosis, hospital negligence, nosocomial infections, incorrect prescriptions, and unneeded surgeries, according to the Institute of Medicine, National Academy of Sciences. Over 15,000 medical malpractice lawsuits are filed each year on an average resulting in millions of dollars in settlements and verdicts and disciplinary actions against over 2,000 doctors and hospitals.
A Johns Hopkins University research report published by the Surgery journal in December 2012 highlighted that settlement of 10,000 medical malpractice lawsuits filed following surgical errors between 1990 and 2010 led to $1.3 billion compensation payment. It found that at least 4,000 US patients sustained serious permanent and temporary injuries every year because of surgery mistakes each year.
What is Medical Malpractice
Medical malpractice refers to negligence or lack of attention on the part of a medical professional, clinic, nursing home, or hospital causing deterioration, additional complications, injury, or death of a patient. Actions of health care professionals leading to medical errors, negligence of patient condition, or deviation from accepted norms also make them liable for malpractice. The most common instances of medical malpractice reported include
- Misdiagnosis – missed, delayed, or wrong diagnosis
- Surgical mistakes and injuries
- Anesthesia error
- Prescribing wrong drugs with side effects risks or contrary to conditions
- Nursing home abuse
- Mistakes leading to infections
- Lack of proper inpatient care
- Wrong dose or medication prescription
- Infections during treatment
- Additional surgery caused by surgery or treatment
- Lack of standard care
The Legal System
- The Law
The US tort law allows one to file and pursue a medical malpractice lawsuit involving him or his relatives citing medical liability. However, there must be clear proof that the patient injured or dead because of a negligent act or omission. To pursue a successful medical malpractice claim, the plaintiff is required to establish that
- the doctor or hospital had a duty to take care of the patient
- the standard of treatment and care was lacking
- negligence or violation of care standard leading to injury
- compensable injury, which might be physical, financial, or emotional
- The Statute of Limitations
There is a time limit set by the law, and a medical malpractice lawsuit seeking damages must be filed within that. The time span varies from state to state and is governed by the state legal system. In Tennessee, a medical malpractice claim must be initiated before the lapse of one year from the date of injury. There is also a three year statute of repose in Tennessee serving as a bar in all cases, except for an object left within the patient. This includes cases for minors.
- The Litigation and Trial
Medical malpractice claim involves a civil lawsuit under the tort law. The state statutes specify compensation maximum amount and appropriate court to file the lawsuit. The litigation involves various stages, including pre-suit notice, discovery, expert proof, motion practice, and trial.
Medical Malpractice Lawsuit Compensation
The damages allowed in a medical malpractice lawsuit include
- Compensatory damages for physical and emotional injuries and sufferings
- Reimbursement of medical expenses
- Loss of job, temporary or permanent
- Compensation for disability
- Punitive damages
- Any other compensation that the court deems suitable
Many states have stipulated the number of maximum possible noneconomic medical malpractice claims to be awarded. For example, in California and Texas, one can get $250,000 as the maximum noneconomic medical malpractice compensation plus actual expenses incurred on treatment and injury. In August 2012, a New York court awarded $103 million in a medical malpractice lawsuit filed following cerebral palsy caused due to injuries received during botched delivery.
It was preceded by two Baltimore City medical malpractice lawsuits leading to $21 million and $55 million in damages and a California jury awarding $74 million to a victim of medical negligence. In August 2012, a Florida court approved $28 million compensation for a boy who suffered from disability because doctors treating him failed to diagnose his meningitis. All these medical malpractice lawsuit verdicts included damages for suffering, future expenses, and punitive action and are subject to noneconomic damage limitations set by state law. Every case is different.
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.
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