Medical Malpractice

Information you need to know about Medical Malpractice cases

Medical malpractice is an act, or failure to act, by a doctor or other medical professional which results in an injury to a person. 

Medical malpractice cases are often complex and lengthy.  In Tennessee a Plaintiff must prove that the doctor or medical professional was negligent, and failed to conform to the expected standard of care for that type of treatment.  To prove this expert testimony of another doctor is required.

Typical damages that are awarded from a medical malpractice action in Tennessee include lost wages (past and future), loss of earning capacity, medical expenses (prior to death), loss of both parental and spousal consortium, and reasonable funeral expenses.  The jury can award additional damages based on physical and psychological harm that has been endured, loss of use of a limb or organ and loss of enjoyment of life.

Some of the more common types of medical malpractice include surgical errors, emergency room errors, errors that result from cosmetic surgery, missed diagnosis of illness of injury and prescribing improper medication that causes a harmful
reaction.

Time is very important when filing a medical malpractice lawsuit.  The law of Tennessee states that a person has one year from the date that they know or should know they have been injured to file a lawsuit.  However, the one year time limit does not start to expire until you actually realize that you were injured by a medical procedure.  In some cases of medical malpractice, especially with certain types of prescriptions of surgery, the symptoms will not appear until years after the actual treatment.  As soon as you know you have suffered an injury as a result of medical malpractice you should consult an attorney.

Watson Burns takes medical malpractice cases on a “contingent fee” basis.  This means that the law firm will advance all expenses and costs and accept a percentage of a successful verdict or settlement as payment.  If your case is not successful then you will not have to pay anything.  The state of Tennessee requires that any fee agreement in a medical malpractice case be approved by the court and that the attorney’s fee is no more than 33 1/3% of the total award recovered.

Contact us about your legal matter today!