What is Medical Malpractice in Tennessee?
What is Medical Malpractice?
Learn all about the legal elements of medical malpractice and the most common cases that arise.
Do no harm. You hope your healthcare professionals adhere to these words in their practice. What happens, however, when harm is done? What do you do when you are hurt under the care of a doctor or another healthcare professional? If you find yourself in this situation, you may be able to file a medical malpractice claim. Medical malpractice occurs as the result of a healthcare professional providing negligent care and that negligent care resulting in an injury to the patient.
Medical malpractice claims are complicated and require specific legal elements be proven in order to be successful.
What needs to be proven in a medical malpractice case?
Despite the best efforts by a doctor, things can go wrong with a patient. This does not automatically mean that the doctor will be the subject of a successful medical malpractice claim. The foundational requirements for a medical malpractice claim include proving the following:
- There was a duty owed by the doctor to the person bringing the claim, or “claimant”;
- The doctor was negligent;
- This negligence was the cause of the injury to the claimant;
- The claimant incurred damages as a result of the injury.
A doctor or healthcare professional owes a duty of care when a doctor-patient relationship is established. A doctor must consent to treat a person and that person must consent to the doctor’s treatment for this relationship to be established. The duty of care that is owed as a result of the doctor-patient relationship means that the doctor must treat the patient with an established standard of medical treatment. The doctor must treat the patient as another doctor in the same area of medicine would treat their patient.
If the doctor deviated from treatment that would have been used by a medical professional practicing in the same area of medicine, then the doctor will most likely be found negligent. The next step is to prove that this negligence directly caused the injury to the claimant. It must also be shown that this injury resulted in damages. Some damages may include:
- Physical and mental pain and suffering
- Loss of enjoyment of life
- Loss of future earning capacity
- Medical bills
- Missed work
- Future medical expenses
Proving all of these legal elements is difficult, but essential to a successful medical malpractice case.
What are the most common types of medical malpractice cases?
There is a wide range in the types of medical malpractice claims brought. Some of the most common claims include:
- Misdiagnosis or delayed diagnosis
- Childbirth injuries
- Medication errors
- Anesthesia errors
- Surgery errors
Additionally, these claims may be brought against a variety of parties, including:
- Pharmaceutical companies
Medical malpractice is very complicated and must be carefully evaluated to protect your legal right to compensation. You need a highly skilled and knowledgeable attorney at your side. The acclaimed attorneys Kidwell, South, Beasley & Haley are highly proficient in medical malpractice claims. We pursue your right to compensation to the fullest extent of the law. Contact our Murfreesboro medical malpractice attorney today online, or call 615-893-1331 to schedule a free consultation.