Physicians and other healthcare professionals have a legal obligation to provide care that meets accepted medical standards. When they fail to meet that standard, they can be held liable for any injuries and damages that occur.
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.
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 a 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: 423-697-4529.
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 to build a strong case and file it before the deadline passes.
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.
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: 423-697-4529.
