Memphis Medical Malpractice Abogados
Doctors, nurses, and other healthcare professions have an obligation to protect and encourage the health and wellbeing of their patients. After all, this is why they spend a significant amount of time in school and on-the-job training: so that they are able to help others become and remain healthy. But medical professionals are human beings like everyone else, which means that mistakes will be inevitably be made. Unfortunately, when a healthcare professional makes a mistake, the consequences can cost the patient his or her life.
Have you suffered an injury or death of a loved one after visiting with a healthcare provider or undergoing a procedure? You may be the victim of medical malpractice and be able to recover compensation for your losses and expenses. Contact Douglass & Runger, Licenciados en Leyes, to learn more about your legal rights.
Compensation Available Through a Medical Malpractice Case
Most medical malpractice cases involve allegations that a medical provider acted carelessly (although there are some unique medical malpractice cases involving intentional conduct, i.e., a doctor or nurse physically or sexually abusing a patient). A successful medical malpractice case can result in the injured plaintiff/patient recovering:
- Damages for out-of-pocket expenses like medical bills, lost wages due to time missed from work, additional treatment costs that are necessary because of the mistake, etc.
- Damages for noneconomic losses like pain and suffering (although within the past few years Tennessee has enacted laws that limit the amount of money a plaintiff can recover for these types of losses and injuries);
- Punitive damages, if it is shown that the defendant acted in a willfully reckless manner (that is, that the conduct complained about was deliberate rather than accidental).
Not all types of damages are available in every case, so it is important to consult with a qualified Tennessee medical malpractice attorney to learn what your precise rights and potential damages may include.
Differences Between a Personal Injury Lawsuit and a Medical Malpractice Lawsuit
Both personal injury lawsuits and medical malpractice lawsuits are similar in that each one alleges that another person (the “defendant”) acted in an unreasonable, careless, or reckless manner and in doing so caused injury to someone else (the “plaintiff”). But this is where the similarities end. There are a number of unique features of medical malpractice cases, including:
Need for expert testimony
Tennessee statutes require that a certificate of good faith be filed with your complaint. This certificate affirms that you had at least one qualified expert who can testify examine your case and there appears to be a good faith basis for bringing the lawsuit. Failure to do so may mean that your case is dismissed with no possibility of refiling the case later.
Need to show acceptable medical standards in the community
A successful medical malpractice lawsuit alleges that a medical professional acted in a careless manner. However, the standard used to determine whether the provider’s behavior was negligent is the standard medical practices and norms in the community. If a reasonable doctor in the area would have taken actions similar to the actions your provider took, then your medical malpractice claim will likely fail.
Need to use acceptable witnesses
You are not able to use any witness you want to support your medical malpractice claim. Only those experts who are licensed to practice in a relevant field in Tennessee or a bordering state are able to provide the expert testimony you need to establish your case.
Trust a Memphis Medical Malpractice Abogado to Handle Your Case
Medical malpractice cases can cause an injured plaintiff to lose his or her faith in professionals. After all, if a doctor can make a mistake and cause serious injury, what is there to prevent a lawyer from making a mistake that injures the plaintiff’s legal rights? That is why you should not trust your medical malpractice case to just anyone. Contact Douglass & Runger, Licenciados en Leyes for help with your case. We have the knowledge and experience necessary to effectively present your claim and protect your legal rights. Contact us at (901) 388-5805 to discuss your case with one of our caring and dedicated attorneys today.