MEDICAL MALPRACTICE

When you or a loved one is sick or injured, a significant amount of faith and confidence is placed in your treating doctors and physicians.   In treating you or your loved one, a doctor must act pursuant to an acceptable professional standard of care.   In some cases, a doctor or physician may fail to act in accordance to this standard of care causing an injury or even death.   If you or a loved one has been injured by the acts of a doctor or physician, you may have a medical malpractice or medical negligence case.  

 What Must I Prove in a Medical Malpractice Case?

 According to Tennessee law, you must prove that there was an acceptable, professional standard of care in either the profession or the specialty of the doctor or physician in the community at the time you or your loved one’s injury occurred; (2) that the doctor or physician who injured you or your loved one failed to act in accordance with this professional standard; (3) and as a result, you or your loved one suffered injuries which would not have occurred if not for the doctor’s or physician’s negligence.   For more information, contact one of our experienced medical Malpractice attorneys.

What Is “Standard of Care”?

 To prove the standard of care, an expert doctor or physician who practices in Tennessee or a contiguous state must review you or your loved one’s medical records and be able to testify as to the standard of care.   Many doctors are reluctant to testify against one of their peers.  When an expert is identified, it often costs a great deal of money to pay this expert.  However, this expert is critical to the success or failure of your case.  For more information, contact one of our experienced medical malpractice attorneys.  

What if I gave consent?

The issue is not whether you gave consent; rather, it is whether the doctor met the standard of care when providing information to you relevant to the procedure he or she was going to perform.   Remember you are giving consent for the procedure to be performed.  You are not consenting to anything beyond what a doctor would do in the normal course of treatment or which exceeds the standard of care. For more information, contact one of our experienced medical malpractice attorneys.

When Should I File My Lawsuit?

By statute you have one year from the date in which you were injured to file a medical malpractice suit in Tennessee.   However, you may also have one year to file your lawsuit from the date on which your injury or loved one’s injury is discovered.  Either way, you have three years from the date you are injured in order to file your lawsuit.   This can be very complicated and you should contact one of our experienced medical malpractice attorneys for more information.