Hamilton County Medical Malpractice Lawyer

Medical malpractice occurs when a doctor or other health care professional injures a patient through a negligent act or omission. Examples of how medical malpractice is committed include misdiagnosis, failure to diagnose, surgical error, and prescribing the wrong medication. Tennessee recently joined a majority of states by passing a law that limits the amount of money a medical malpractice victim could be awarded – at least with respect to “non-economic” damages.

Consider contacting a Hamilton County medical malpractice lawyer if you suspect that you may have been injured at the hands of a negligent doctor or other health care provider. Specifically, look for a personal injury attorney who has a track record of successfully obtaining compensation for medical malpractice victims. It is important that you find skilled legal representation so that a lawyer could pursue your claim while you focus on recovering from your injuries and returning to normal life.

Examples of Medical Malpractice and Proving Negligence

It is probable that an experienced Hamilton County medical malpractice lawyer has represented victims who have sustained many different types of injuries. Any of the following injuries could potentially form the basis of a viable medical malpractice claim:


Misdiagnosing a patient – or, similarly, diagnosing him or her too late – could result in incorrect treatment, delayed treatment, or no treatment at all. To prevail in a medical malpractice lawsuit, a plaintiff who suffered an injury as a result of being misdiagnosed must prove that the doctor failed to abide by the prevailing medical standard of care.

Surgery Error

An error that occurs during surgery could amount to medical malpractice if the victim is able to prove that the error would not have been committed by a reasonably competent surgeon under similar circumstances. Examples of surgery error include wrong-site surgery, performing surgery on the wrong patient, nerve damage, and in the incorrect delivery of anesthesia.

Mistakes During Childbirth

Some of the most heart-wrenching injuries that a Hamilton County medical malpractice lawyer is likely to encounter are those that happen to babies during childbirth. Injuries like these could be caused by the improper use of birth-assisting tools, failing to detect fetal distress, and failing to perform an emergency cesarean section.

Regardless of the injury, the plaintiff in a medical malpractice lawsuit must prove certain things in order to be eligible for compensation. The first is the existence of a doctor-patient relationship, which likely could be shown by the patient’s written consent to be treated. Second, the plaintiff is required to show that the treatment he or she received fell below the prevailing medical standard of care, which is customarily established by expert testimony. Finally, the plaintiff must show that the negligent care provided to him or her caused him or her to suffer injuries requiring monetary compensation – such as additional medical bills, pain and suffering, and lost employment earnings.

Limits to Compensation

An important topic that a Hamilton County medical malpractice attorney may want to speak with a client – or prospective client – about is the applicable damages cap. Simply put, even if a plaintiff in a medical malpractice lawsuit is found to be eligible for damages, any non-economic damages awarded would be limited – or “capped” – at $750,000 pursuant to TENN. CODE § 29-39-102. The limit could, however, be raised to $1 million if the plaintiff suffered a catastrophic injury such as paralysis or loss of limb. Additionally, this limit does not apply to all cases.

Speak with a Hamilton County Medical Malpractice Lawyer Today

While doctors and other medical professionals are highly skilled and enormously committed to helping patients, errors could be committed during treatment that rises to the level of medical malpractice. If you believe you are a victim, then don’t hesitate to contact a Hamilton County medical malpractice and begin exploring your legal options.