Medical malpractice can happen in any healthcare environment, from hospitals to clinics, and can have devastating consequences for patients in Tennessee. You may be eligible for compensation if this happens to you or a loved one. But what constitutes medical malpractice, and how can you prove it?
Medical malpractice is more complex than a simple mistake
Medical malpractice happens when a healthcare professional does not adhere to the expected standard of care, causing injury to a patient. A valid claim must contain these factors:
- A duty of care owed by the medical professional
- A breach of duty by the professional
- An injury or illness caused by the breach of duty
- Damages as a result of the injury or illness
Tennessee law recognizes several forms of medical malpractice. These can include anesthesia and medication errors, surgical and birth complications, misdiagnosis and lack of informed consent.
Getting justice and compensation for your pain
Tennessee law requires plaintiffs to file a certificate of good faith with their lawsuit. This document confirms that an expert has reviewed the case and believes the claim has a valid basis. Failure to file this certificate can result in the dismissal of your case.
You must file your lawsuit within one year of the date of injury or discovery of the injury but no more than three years after the incident occurred. This time limit makes it crucial to act quickly if you suspect medical malpractice.
In most situations, Tennessee also caps non-economic damages in medical malpractice cases at $750,000. This limit applies to pain and suffering, emotional distress and loss of enjoyment of life. There is no limit on economic damages, which include medical expenses and lost wages.
If you think that you or a loved one may have experienced medical negligence in Tennessee, it is best not to face this complicated legal process alone. Seeking legal help ensures you have the highest chance of receiving the compensation you deserve. You focus on healing while your attorney fights for justice.