Chattanooga Medical Malpractice Lawyers
Healthcare professionals are bound by the Hippocratic Oath to provide ethical and quality treatment to those that come to them for treatment of their ailments and ills. Unfortunately, many healthcare professionals forget that their patients come to them with an inherent trust, believing that they will be given the highest standard of care. Physicians and healthcare professionals who forget their duty to provide an appropriate standard of treatment for their patients often cause further injury or illness. Some may even die as the result of a healthcare professional’s malpractice, negligence, wrongdoing or oversight.
Common Forms of Medical Malpractice
Any of the following negligent or wrongful actions by a physician or other healthcare professional can cause serious injury, illness or even death to a patient:
- Medication errors;
- Failure to diagnose;
- Surgical errors;
- Improper diagnosis;
- Errors in pre-natal or other diagnostic testing;
- Abandonment or lack of care;
- Failure to inform;
- Failure to advise of diagnosis;
- Continuing ineffective treatment;
- Inappropriate use of medical instruments;
- Dropping and leaving surgical instruments in a patient after surgery;
- Incorrectly performed treatment; and
- Lack of informed consent.
Statute of Limitations for Tennessee Medical Malpractice Claims
If you have suffered injury or illness, or a loved one has died, as the result of a healthcare professional’s negligence, oversight, or wrongdoing in Tennessee, you have 1 year from the date of illness, injury, or death to bring a malpractice action against the at-fault party.
If the illness or injury wasn’t discovered during that 1 year period, the claimant has 1 year from the date of discovery to file a medical malpractice claim against the at-fault party.
In addition, according to Tennessee Code Annotated Section 29-26-116, "In no event shall any such action be brought more than [3] years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant…" If the defendant had fraudulently concealed the event, the action may be brought within 1 year of the discovery of fraudulent concealment.
Tennessee Medical Malpractice Statistics
According to the 2009 Medical Malpractice Claims Report, as compiled by the Tennessee Department of Commerce and Insurance, there were 3,154 medical malpractice claims that closed in 2008. This number includes both settlement-resolved and court-resolved claims. More specifically:
- 425 claims were resolved through court judgement;
- 459 claims were resolved through settlement;
- 43 claims were resolved through alternative dispute resolution (ADR); and
- 2,227 claims were resolved in other ways.
In addition to the above "closed" claims, there were 5,780 claims that were still pending or unresolved as of the end of 2008. Whether they were resolved in the next year remains to be seen.
Reminding Healthcare Professionals of Their Duty
Medical malpractice is an ongoing area of concern across the nation. It is only with consistent and timely civil action that we can ensure justice for injured patients as well as remind healthcare practitioners of where their responsibilities lie. At Massey & Associates, P.C., our dedicated Chattanooga medical malpractice attorneys have helped many victims of medical malpractice, negligence, or oversight in Tennessee to pursue financial compensation for the losses they’ve suffered. Contact us today to tell us about your situation at (423) 697-4529.
