Medical Malpractice

Medical malpractice is defined as an act of negligence by a medical professional that results in undue injury to a patient. Medical negligence may come in a variety of forms, including: failure to provide appropriate treatment for a medical condition; misdiagnosing, or failure to diagnosis, a medical condition or disease; or an unreasonable delay in treating an already diagnosed condition. A medical malpractice lawsuit can be brought by the injured patient against any potentially responsible party, such as a doctor, nurse, counselor, or psychologist.

Laws regarding medical malpractice can vary from state to state. The following is a summary of Tennessee medical malpractice laws to help you better understand the types of rules in a medical malpractice case in the Volunteer State:

• Statute of limitations: In a medical malpractice action, the statute of limitations is one year from the date of the event or incident that led to the patient injury. Under no circumstances may a malpractice lawsuit be brought more than three years after the date on which the negligent act or omission occurred, except when there is fraudulent concealment on part of the defendant.
• Malpractice damages: Tennessee does not limit the amount of damages that may be awarded in a medical malpractice case.
• Use of expert witnesses: To utilize an expert witness in this type of case, the expert witness must be licensed in the state of TN (or a contiguous state), and also must have been in practice for at least one year prior to the date of the plaintiff’s injury.
• Joint and several liability: Under this rule, where there are more than one defendant found liable for the patient’s injury, each defendant is individually liable for the entire amount of the judgment; i.e., if one defendant is unable to pay, the other defendant(s) are liable for the entire amount of the judgment.
• Attorney fees: Contingent attorney fees are limited to one-third of the total recovery.

Medical malpractice law is highly technical and the cases tend to be defended by aggressive, well-funded defense firms. Therefore, hiring a knowledgeable Chattanooga medical malpractice attorney will increase a plaintiff’s chance of winning his or her claim. At Massey & Associates, P.C., our legal team is dedicated to helping victims of medical malpractice obtain the necessary compensation to help them recover from their medical injury. For a no-cost consultation, call (423) 697-4529.

A 48-year-old resident in Smyrna had a hysterectomy, a routine surgery, at the Middle Tennessee Medical Center this past April. Now, she has filed a lawsuit against the medical center, stating that a medical error has left her with permanent disabilities, reports News Channel 5.

During her surgery, the patient received two pints of additional blood to help her body recover from blood loss that can be a common occurrence during surgery. While the hospital matched the first pint to the patient’s blood type, however, the second pint was the wrong blood type for the patient. Hospital staff apologized and gave the recovering woman four additional pints of blood with the correct blood type, which the staff claimed would fix any problems caused by the incorrect pint of blood.

Unfortunately, the patient’s health problems continued even after treatment. Not long after arriving home, she began suffering terrible headaches accompanied by ringing in her ears and debilitating seizures. Several months later, she still lives with these life-altering medical conditions. Her lawsuit seeks compensation from the hospital for her injuries and suffering.

Hospital patients put their health and their lives in the hands of trained medical professionals in Tennessee each day. When hospital staff members are negligent, their mistakes can permanently alter – or even end – a patient’s life. If you or someone you love has been injured in an accident caused by another’s negligence, the experienced personal injury attorneys in Chattanooga at Massey & Associates, P.C. can help you understand the legal options available to you. For a free and confidential consultation, call us today at 423-697-4529.