Doctors, hospitals, and other health care facilities or practitioners can get sued for making mistakes that harm people as long as the facts satisfy all the elements of medical malpractice. You do not have to figure out whether you have a valid claim or who you should sue. A medical malpractice lawyer who serves the Murfreesboro area can evaluate your situation.
You can call The Cochran Firm – Nashville at (615) 651-7451 today for a free case review. We can help hold people responsible when they turn our clients’ lives upside-down through carelessness.
The initial consultation is free, and there is no obligation. You can call us today to get started.
We Know How Tennessee Law Defines Medical Malpractice
According to Sec. 29-26-102 of the Tennessee Statutes, your case must prove all of the following elements of medical malpractice to hold the negligent party accountable for your losses:
The defendant must owe the plaintiff a duty of reasonable care. Usually, the fact that the plaintiff is the patient of the defendant establishes this responsibility.
Medical professionals must provide health care services that meet the standard of medical care. Sec. 29-26-115 of the Tennessee Statutes defines the standard of care as what other health care practitioners in the local medical community or a similar location would find acceptable based on the defendant’s profession and specialty.
Failure to Meet the Standard of Care for a Healthcare Provider
If the defendant provided substandard health care services, it is considered medical negligence. Either the delivery of substandard services or the failure to provide health care services can be the basis of a “health care liability action.”
Substandard Medical Services Proximately Caused the Injury
The patient must suffer harm as a result of medical negligence. The negligence must be the proximate cause of an injury or a worsened condition that would not have happened if not for the careless act or failure to act.
For a free legal consultation with a medical malpractice lawyer serving Murfreesboro, call 615-678-6278
Medical Experts Must Meet Requirements to Testify
You must prove by a preponderance of the evidence, which includes the testimony of a medical expert, that the medical care was substandard. Tennessee places multiple restrictions on who can serve as a professional expert for the plaintiff or defendant on the subject of the local standard of care and the issue of whether the defendant was negligent.
The expert witness must:
- Be licensed to practice in the state of Tennessee or a state with a contiguous border with our state
- Have a license to practice a profession or specialty that would be relevant to the issues in the medical malpractice lawsuit in question
- Have practiced that profession or specialty in Tennessee or a contiguous border state the year before the alleged medical negligence happened
The judge can waive these requirements if there are no available expert witnesses who would meet the criteria.
Medical malpractice lawsuits are sophisticated endeavors. Although Tennessee law does not force you to work with a lawyer on your Murfreesboro medical malpractice claim, it may be a wise choice to do so. One slip-up when trying to handle your lawsuit could cost you the right to go after compensation for your losses.
The Cochran Firm – Nashville can navigate through the claims process, negotiate directly with the defendant’s liability carrier, and take the case to court. You can call us today at (615) 651-7451 to find out how we serve our clients.
Murfreesboro Medical Malpractice Lawyer Near Me 615-678-6278
Know Who Can Be Liable for Medical Malpractice
Any health care provider who behaved negligently and injured a patient can be liable for medical malpractice. Sec. 29-26-101 of the Tennessee Statutes defines a “health care provider” for purposes of a health care liability action (or a medical malpractice case) as a person or entity in one of these five categories:
- Someone whose professional conduct falls under Tennessee state’s rules in Title 63 (Professions of the Healing Arts) or Title 68 (Health, Safety and Environmental Protection), which requires one to obtain a license, certificate, registration, or some other authority to practice that occupation
- A healthcare facility that is not government-owned
- Facilities that provide mental health, personal support, or developmental disability services and are not government-owned
- A doctor, nurse, pharmacy technician, or another health care practitioner who works for a health care provider or a facility that the government owns or manages
- A business entity that provides health care services and employs at least one health care practitioner
Although people tend to think of medical malpractice lawsuits in terms of doctors, you can hold a hospital, surgery center, specialized medical treatment facility, pharmacy, dentist, and many other individuals, business groups, and facilities liable when they provide substandard health care services that cause you harm.
We Will Fight for Money Damages Due to Medical Malpractice
We cannot say how much compensation you might recover for your health care liability claim without first talking to you and investigating your situation. There is no standard amount of money damages in these cases. The facts of each person’s claim will determine how much compensation they can pursue.
In a successful medical malpractice case, the plaintiff could go after some of these types of money damages:
- Increased medical expenses
- Lost earnings
- Pain and suffering
- Future medical bills
- Future lost wages
- Loss of enjoyment of life
After we prove the required elements of medical malpractice, we will have to provide evidence of your losses.
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Getting Legal Help for Your Murfreesboro Medical Malpractice Case
Compared to many other states, Tennessee has an unusually short timeline to file suit. If you miss the deadline, the law can bar you from ever going after compensation for the harm you suffered.
Depending on the circumstances of your case, the statute of limitations may toll or pause. Our team can help you determine how long you might have to file a lawsuit.
The Cochran Firm – Nashville stands ready to help people who get hurt because of the carelessness of others. Call us today at (615) 651-7451 to get started. The initial consultation is free, and there is no obligation.