Hixson Medical Malpractice Lawyer
Undergoing a medical procedure of any kind can be frightening, but the nervousness before a procedure can pale in comparison to how you might feel if the surgery goes awry. The additional financial costs of further treatment for a new condition—not to mention time spent away from work to recover—can seriously impair your life. Worst of all, some forms of medical malpractice can drastically change your ability to live your life as you wish.
Fortunately, Tennessee law provides avenues for a qualified personal injury attorney to help you pursue damages after a preventable mistake by a healthcare provider. An experienced Hixson medical malpractice lawyer could help ensure you are in the best position to receive compensation.
Legal Theories and Obstacles for Filing a Medical Malpractice Claim
If injured by a doctor’s negligent conduct, a patient could be able to bring a negligence claim against either the medical professional in question or the hospital that employed him or her. To prove legal negligence, a plaintiff must demonstrate the following elements in court:
- The defendant had a duty of care to act reasonably under the circumstances
- The defendant breached his or her duty of care
- The breach directly caused new medical injury
- The plaintiff suffered physical damages as a direct result of medical injury
Medical professionals have a responsibility to act reasonably in the context of their area of expertise, so they may breach this duty when they do not act as a reasonable medical professional would have under the same or similar circumstances. The court’s evaluation of whether a defendant acted reasonably depends on the facts and circumstances of every case. However, representation from a dedicated Hixson medical malpractice attorney could make a significant difference in how a court interprets a particular plaintiff’s situation.
The Statute of Limitations for Medical Malpractice
A legal concept known as the statute of limitations places limits on when an injured patient may bring a suit to court. Under Tennessee Code §29-26-116, an injured person may file a lawsuit only within one year of the date of the medical procedure that harmed them. This legally enforced deadline may bar the plaintiff from recovering any damages at all if he or she fails to file within this time frame.
However, those who are harmed by a medical procedure often do not discover the problem for months or even years afterward. Consequently, there is an exception to the standard statute of limitations through which a plaintiff may file suit within one year of discovering their injury instead, so long as the discovery did not occur more than three years after the date of the actual procedure.
Tennessee’s statute of limitations is more restrictive than other states, which often allows three or more years to bring a personal injury case to court. The short timeframe often makes it crucial to contact a medical malpractice lawyer in Hixson as soon as possible to preserve a plaintiff’s right to pursue compensation. A skilled attorney could assist with filing a claim promptly.
Call a Hixson Medical Malpractice Attorney Today
A medical mistake can be a severely dangerous event that unfortunately has the potential to change your life forever. However, you may be able to receive financial compensation for the harm that a negligent provider did to you.
You should not leave the outcome of any civil claim up to chance by attempting to bring it forward on your own, especially one involving a medical mistake. A Hixson medical malpractice lawyer could review the specifics of your case and identify the legal hurdles that may affect your claim. Call today to schedule an initial consultation and get started on your case.
