Injured By A Negligent Medical Professional?
Our Chattanooga medical malpractice lawyers advocate for those injured by malpractice, seeking compensation for additional medical care, lost wages, pain and suffering, and more. If you or a loved one were a victim of medical malpractice, contact us to review your path forward. We have decades of experience representing the injured in Tennessee.
Our team is here to guide you every step of the way, and there are no upfront costs or fees. You only pay us if we win your case. Our firm is available 24/7 to assist you.
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We promise to work aggressively for you with honesty and compassion.
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We are always honest with our clients about their cases and how we can help them.
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We choose cases that we believe in, so you know we are ready to fight for you.
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We are committed to pursuing the best results for our clients throughout the legal process.
What Is the Definition of Medical Malpractice in Tennessee?
Medical malpractice occurs when a healthcare professional deviates from the accepted standards of practice in the medical community, causing harm to a patient. There are numerous examples of failing to uphold the standard of care and they occur throughout the diagnostic and treatment process.
In Tennessee, the standard of care is the level of care ordinarily provided by medical professionals in the same practice area or specialty in the locality where they practice or a similar locality. In other words, healthcare providers must act in way that a reasonably competent provider would in a similar situation in the same community. This is known as the locality rule.
Can I File a Tennessee Medical Malpractice Lawsuit?
You might be able to file a lawsuit if you suffered an injury or your medical condition got worse while in the care of a doctor. However, it is important to remember that errors are not always medical malpractice.
In these cases, the victims and their lawyers have the burden of proof. That means they must provide evidence of medical malpractice, which consists of four elements:
- There was a doctor-patient relationship: This simply means you agreed to allow a doctor to provide treatment, or the doctor provided treatment. Your medical records and proof of doctor visits help establish this relationship.
- You were owed a standard of care: Once there is a doctor-patient relationship, the patient is owed a standard of care. Your lawyer needs to provide evidence and testimony of the specific standard of care for your situation.
- The doctor breached the standard of care: You must provide evidence that the doctor or healthcare professional failed to uphold the standard of care. Examples of breaching the standard of care include misdiagnosis, medication errors, surgical mistakes or failing to obtain informed consent.
- The breach of the standard of care directly led to your injuries and damages: There must be a direct, causal link between the breached standard of care and your injuries or worsening medical condition and resulting damages. Examples of damages include medical expenses, lost wages, rehabilitation costs, pain and suffering, emotional distress and lost enjoyment of life.
There are numerous factors in your eligibility for a medical malpractice lawsuit, which is why you should review the situation with an experienced Chattanooga medical malpractice lawyer. You should not make assumptions about your claim, one way or another, without talking to a lawyer first.
Contact our licensed attorneys today to learn more: (423) 396-0720.
Is There a Deadline for Filing a Medical Malpractice Case?
In Tennessee, you generally have one year from the date of the injury or from the date when the injury was discovered to file a lawsuit. If the victim is a minor, special rules may apply. The statute of limitations may be extended to allow for filing up until the minor’s 19th birthday.
However, there are exceptions and specific circumstances that might affect this timeframe, so it is best to consult with our experienced Chattanooga medical malpractice lawyers as soon as possible. You want to give your lawyer as much time as possible build a strong case and file it before the deadline passes.
Case Results
We make sure to hold an aggressive representation on all cases as well as communicate effectively and demonstrate a high level of professional ethics for the rights of our clients.
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$268,000,000
Product LiabilityThis was a national case covering hundreds of plaintiffs when an implanted heart defibrillator malfunctioned, injuring many and even killing some people.
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$2,000,000
Medical MalpracticeHusband of a young mother who died due to the failure to diagnose a pulmonary embolism
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1,311,750
Motor Vehicle AccidentBoy injured in a jet ski accident
How Can Massey & Associates Help You?
At Massey & Associates, P.C., we realize that dealing with a personal injury from medical malpractice can be an incredibly stressful and overwhelming experience. Our mission is to provide you with the knowledgeable, empathetic support you need to navigate these difficult times. Our firm can help you in numerous ways, including:
Comprehensive Evaluation of Your Case
Our experienced lawyers will meticulously assess all aspects of your case, from your injuries and medical records to witness statements and the doctor’s history of medical errors or malpractice. This thorough evaluation helps us identify the strengths and potential challenges of your claim.
Clear Explanation of Your Legal Rights and Options
Our attorneys will explain your legal rights and the options available to you, keeping you fully informed at every stage of your medical malpractice case.
Aggressive Negotiation for Full Compensation
Insurance companies often aim to minimize their payouts. Our experienced lawyers are veteran negotiators who are committed to securing full compensation for medical expenses, lost wages and other damages.
Access to Medical and Legal Experts
Our firm has a broad network of professionals who can provide critical insights and testimony, strengthening your case and enhancing your chances of a favorable outcome.
Personalized Support and Advocacy
We understand that this is not just a legal matter but a deeply personal and stressful situation. Our lawyers offer compassionate, individualized support, making sure your concerns are heard and addressed. We are committed to being your staunch advocate, both in and out of the courtroom.
By entrusting us with your case, you can focus on your recovery and well-being, knowing that your legal matters are in capable hands.
“If anyone in Chattanooga needs an attorney, Mr. Massey is your man”
Tonda H.
What Types of Damages Can I Pursue in a Medical Malpractice Case?
Victims of medical malpractice may be entitled to various types of damages, including:
Economic Damages
These cover quantifiable losses such as medical bills, rehabilitation costs, lost wages and future medical expenses. For instance, if a surgical error results in a prolonged hospital stay and additional surgeries, you can claim these expenses as economic damages.
If your injuries affect your ability to continue working, you might be able to seek compensation for loss of earning capacity.
Non-Economic Damages
These include compensation for pain and suffering, emotional distress and loss of enjoyment of life. For instance, if failure to diagnose cancer leads to a reduced quality of life and significant emotional trauma, these can be claimed as non-economic damages.
Our Chattanooga medical malpractice lawyers have extensive experience evaluating damages from personal injuries. We know how to evaluate the severity of your injury and its impact on your daily life through medical records, expert opinions and personal testimonies from people who know you best, such as family and friends.
We can also work with medical experts and psychologists, who provide detailed assessments of your physical and emotional condition, to gain insight into how long you can expect to deal with the challenges caused by medical malpractice.
Punitive Damages
In some cases, punitive damages may be awarded to punish the negligent party and deter similar conduct in the future. For example, if a surgeon deliberately ignored safety protocols, resulting in severe harm, punitive damages might be assessed.
Is There a Cap on Damages for Medical Malpractice Cases in Tennessee?
Tennessee places a cap on non-economic damages, including pain and suffering, emotional distress and loss of enjoyment of life. According to the Tennessee Code, non-economic damages are capped at $750,000 per injured plaintiff.
However, the cap can be increased to $1 million in cases involving catastrophic injuries, such as severe spinal cord injuries, traumatic brain injuries, amputation or wrongful death of a parent.
Injured?
Contact Massey & Associates, P.C.
You do not need to feel intimidated by the insurance company. The law gives you the right to seek compensation for damages after an injury caused by another’s negligence. The law also allows you to hire an experienced lawyer to help level the legal playing field and seek a favorable result.
Massey & Associates, P.C. has many years of experience securing justice and compensation for the injured in the Tampa area. There are no fees unless we win your case, either through a settlement or in the courtroom.
Call (423) 396-0720 to get legal help today..
What Are the Different Types of Medical Malpractice Cases?
There are numerous examples of medical malpractice in Tennessee. If you think you or your loved one were a victim of any of these breaches of the standard of care, call our Chattanooga medical malpractice lawyers today.
Failure to Diagnose
When a healthcare provider fails to identify a medical condition that a reasonably competent doctor would have detected, it can result in delayed treatment or no treatment, causing harm to the patient. Failure to diagnose is often the result of:
- Misinterpretation of test results
- Inadequate time with patient
- Incomplete medical history review
- Communication breakdowns among medical staff
- Lack of follow-up or coordination of care
- Incomplete or inaccurate clinical documentation
- Failure to consider all symptoms
- Cognitive biases and assumptions
- Insufficient training or expertise
Improper Treatment
This occurs when a doctor administers an incorrect treatment or fails to administer the treatment appropriately. Improper treatment is often a result of:
- Poor communication between medical staff
- Errors in prescribing medication or dosage
- Incorrect identification of the appropriate treatment plan
- Administrative errors or mismanagement of patient records
Not Warning Patients of Known Risks
Healthcare providers are obligated to inform patients of potential risks associated with a treatment or procedure. Failing to do so can leave the patient unaware of the possible outcomes, preventing them from making an informed decision.
Medication Errors
Medication errors involve prescribing the wrong medication, incorrect dosage, or failing to consider potential adverse reactions with other medications the patient is taking. These mistakes can have severe, sometimes life-threatening consequences.
Surgical Errors
Surgical errors are mistakes that occur during an operation, such as performing the wrong procedure, operating on the wrong site, or leaving surgical instruments inside the patient. These errors can lead to severe complications or require additional surgeries to correct.
Surgical errors could be caused by:
- Inadequate preoperative planning
- Miscommunication among surgical team
- Fatigue or overwork
- Inexperience or insufficient training
- Failure to follow protocols
- Errors in patient identification
- Unsterile environment
- Inaccurate documentation
Anesthesia Errors
Errors related to anesthesia can include administering too much or too little anesthesia, failing to monitor the patient’s vital signs properly, or not recognizing adverse reactions. Anesthesia errors can result in severe injury, brain damage or even death.
These errors are usually the result of one or more of the following:
- Failure to monitor the patient’s vital signs
- Lack of recognition of adverse reactions
- Inadequate medical history review
- Equipment malfunction or misuse
- Inexperience or lack of training in anesthesia
- Failure to follow anesthesia protocols
Faulty Equipment
Faulty medical equipment refers to the use of defective or malfunctioning devices that are integral to the patient’s diagnosis or treatment.
Misdiagnosis
Misdiagnosis occurs when a doctor inaccurately diagnoses a patient’s condition, leading to incorrect treatment, delayed treatment or no treatment at all. This can exacerbate the patient’s original condition or cause new health issues.
Healthcare providers often misdiagnose patients for several reasons, including:
- Failure to order appropriate tests
- Misinterpretation of test results
- Incomplete medical history review
- Inadequate time spent with the patient
- Cognitive biases or diagnostic errors
- Similarity in symptoms between different conditions
- Lack of specialized knowledge
- Rushed consultations or high patient volume
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Who Could Be Held Liable for Your Medical Malpractice Injuries?
There are several parties that could be held responsible for medical malpractice injuries depending on the circumstances of your case:
Doctors
Doctors are often at the forefront of medical malpractice claims. They can be held liable for various breaches of the standard of care, ranging from misdiagnosis and failure to diagnose to improper treatment and medication errors. It is the doctor’s responsibility to provide care that meets established medical standards.
Surgeons
Surgical errors can have severe consequences. For instance, surgeons may be held liable if they perform the wrong procedure, operate on the wrong part of the body or leave surgical instruments inside a patient.
Nurses
Nurses play an essential role in patient care. Nurses might administer the wrong medication or fail to monitor a patient’s condition adequately.
Hospital Staff
Other hospital staff members, including administrative and support personnel, can also contribute to medical malpractice. For example, errors in patient records or failing to follow proper protocols can result in harm to the patient.
Pharmacists
Pharmacists are responsible for dispensing medications accurately. If a pharmacist gives the wrong medication or incorrect dosage and patients suffer injuries, they can be held liable.
Medical Facilities
Hospitals and medical facilities themselves can be liable for malpractice. This liability may arise from policies that contribute to substandard care, such as inadequate staffing, poor training or failure to maintain clean and safe facilities.
Medical Equipment Manufacturers
Sometimes, medical malpractice claims can extend to the companies that manufacture medical equipment. If faulty or defective equipment is used in a medical procedure and causes harm, the manufacturer may be held responsible.
Representing the People of Tennessee and Georgia
Massey & Associates consistently earns repeat business and referrals due to our success. We often win cases other attorneys deemed hopeless, turning them into victories for our clients.
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Gary Massey
Read Bio: Gary MasseyGary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.
Does Tennessee Require My Lawyer to Use a Medical Expert to Prove My Case?
Expert testimony is often essential in establishing the appropriate standard of care and how the doctor deviated from it. Generally, Tennessee requires victims to prove their cases with testimony from a competent medical expert. The expert is usually someone who practices in the same field as the liable doctor.
Our experienced Chattanooga medical malpractice lawyers have access to various expert witnesses to help prove a case.
Do I Have To Pay Taxes On A Medical Malpractice Settlement?
Generally, personal injury settlements, including those for medical malpractice, are not taxable. This includes compensation for medical expenses, pain and suffering and emotional distress.
According to IRS regulations, compensatory damages received for physical injuries or sickness are not considered taxable income. However, any portion of the settlement that compensates for lost wages or interest accumulated on the settlement amount may be taxable. Punitive damages are also taxable.
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Call Our Chattanooga Medical Malpractice Lawyers Today
Medical malpractice can have a devastating impact on your health, career, family and every other aspect of your life. If you believe you have been a victim of medical malpractice, Massey & Associates, P.C. is here to help.
There are no upfront costs for our legal services, which means we do not get paid unless you get paid first.
Contact us today to discuss your case and take the first step toward protecting your best interests. We are located west of Interstate 75, just a few minutes away from the Chattanooga Metropolitan Airport.
We are ready to take your call 24/7: (423) 396-0720.
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