Cleveland, TN Medical Malpractice Lawyer
Sustaining an injury while you are receiving medical care can be extremely traumatizing. Individuals can feel let down by medical professionals if they went to them for help and now are injured even further.
The laws regarding medical malpractice are not limited to doctors, but include nurses, dentists, hospitals, or clinics. Nearly all medical professionals carry some sort of medical malpractice insurance, so in case of an incident, their insurance will cover your loss.
By speaking to a Cleveland, TN medical malpractice lawyer, you can find out what options you have if you have suffered an injury during medical care. Speak with a skilled personal injury attorney and know that you are in capable hands.
What Qualifies as Medical Malpractice
Medical malpractice covers a wide range of medical negligence by various medical professionals. Cleveland medical malpractice attorneys will have to show that the professional failed a professional standard of care used by other medical professionals. This negligence can be done through an act, or the failure or omission of an act. Next, the lawyer will need to show that this specific negligence led to an injury.
Finally, the injury has to have caused damages. These damages can include losing a job, pain and suffering, any medical bills because of the error, and any physical harm that resulted from the negligence.
A few common forms of medical malpractice in Cleveland, TN include:
- Providing the incorrect medicine or dosage
- Not ordering necessary tests
- Failing to recognize symptoms
- Ignoring or misreading lab results
- Incorrect diagnoses
- A complete lack of, or inadequate, follow-up care
- Discharging a patient too early
- Unnecessary surgery
- Errors during surgery
- Ignoring or not taking a patient’s medical history
Technical Requirements
The state of Tennessee overhauled its medical malpractice laws in 2008. The new laws have created two mandatory requirements when suing a medical professional under Tenn. Code Ann. § 29-26-121 and Tenn. Code Ann. § 29-26-122.
These rules often serve as a way to dismiss a number of cases that do not follow certain requirements. The requirements say that the patient has to file a pre-suit notice and serve the medical professional by mail or personal delivery. This notice has many technical requirements that must be met exactly.
The requirements also say that the patient has to include a certificate of good faith with the complaint stating that a competent expert has reviewed the case and believes there is a valid reason for the complaint. The supposed purpose of this rule is to avoid expensive and lengthy medical malpractice cases unless they have a legitimate cause. In practice, this requires an injured patient to hire an expert before they are even allowed to file a lawsuit. Cleveland medical malpractice attorneys can help individuals get in contact with an expert, and can help build their case.
Statute of Limitations in Medical Malpractice Cases
There is also a strict statute of limitations for a medical malpractice claim. The patient has one year after discovering the injury to file a claim, but three years or less from the date of the actual injury. However, the statute of limitation is complicated by a waiting period required by the notice statute.
The state does have an exception for an injury caused by leaving an item in the patient during a surgery. In those cases, the statute of limitations is just the one year after discovering the injury.
Value of a Cleveland, TN Medical Malpractice Attorney
The laws regarding medical malpractice can be difficult to understand, but a medical malpractice attorney can help you understand what rights you have.
This is especially true for the technical requirements in Tennessee where you can potentially lose your entire case simply because you failed to file the correct forms in the proper time window and with the correct provisions.
Cleveland, TN medical malpractice lawyers can also help you if you want to avoid a conflict in court. Since most medical professionals have malpractice insurance, a lawyer can help you reach an agreement with the insurance company to cover your losses.
