Medical malpractice involves a healthcare provider causing injury or death to a patient they treat with negligent conduct. Medical malpractice does not necessarily mean the treating physician or healthcare provider is incompetent.
Instead, it means the healthcare professional deviated from the standard or outside of the typical treatment plan either intentionally or accidentally. Thus, the deviation caused injuries to a patient in their care. Schedule a consultation with a Bartlett medical malpractice lawyer at Reaves Law Firm, PLLC if you want to learn more. A knowledgeable personal injury attorney could explain the basis for these types of claims in further detail and determine the best legal path forward for your specific situation.
Medical malpractice can include a vast range of actions, from misdiagnoses to providing inadequate treatment for an illness or injury. Some of the common medical malpractice cases in Bartlett include:
A seasoned Bartlett medical malpractice attorney could answer questions and help determine if there is cause for legal action.
There is a set timeframe or statute of limitations for filing personal injury claims, and many states set a separate time frame for medical malpractice cases. According to the Tennessee Code § 29-26-116, a claimant has one year to prepare the case and file a medical malpractice lawsuit from the date they sustained injuries.
If they do not know of the injuries immediately, they have one year from the day they reasonably discover a medical procedure caused their injuries. However, the plaintiff cannot commence legal action more than three years after the medical procedure causing injuries occurred. An experienced medical negligence lawyer in Bartlett could answer questions on the local statutes and handle the legal filings on a plaintiff’s behalf.
After a skilled attorney establishes that the healthcare provider is guilty of medical malpractice, the court will award damages within two primary categories: economic and non-economic.
State laws cap the non-economic damages a person can recover for medical malpractice at $750,000, except for catastrophic injuries. If a person sustains a catastrophic injury because of medical malpractice, the maximum non-economic damages are one million dollars.
Economic damages cover the total cost of medical care and future treatment. It will also cover lost salary, benefits, and future earning potential if the plaintiff cannot return to the same position they had before the medical procedure.
Non-economic damages cover non-monetary losses such as pain, suffering, and reduced quality of life. It can also cover losing the enjoyment of life and permanent scarring and disfigurement. Both types of damages are meant to compensate the patient for their out-of-pocket costs and cover their non-monetary losses.
When you visit a surgeon or other healthcare professional, you trust they have your health, well-being, and best interest in mind and will help you with your condition. You certainly never expect they will leave you in worse shape than you were before going to them for services.
Unfortunately, medical malpractice happens more than most would like to believe. Therefore, laws are in place to provide financial protection for patients who sustain injuries because of negligent healthcare providers. A claim for damages could cover medical expenses, lost salary and future earning potential, pain and suffering, and help you and your loved ones get back on your feet. Call a dedicated Bartlett medical malpractice lawyer at Reaves Law Firm, PLLC if you need help with a claim.