By: Darrell Castle You can learn everything you need to know about medical malpractice by reading my short e-book, Medical Malpractice 101. You can go here and download it for free. But what about compensation in particular? If you’re a victim of medical malpractice, how much compensation can you receive? Medical malpractice is different from other negligence lawsuits in which the extent of the damages determines the amount of compensation recovered. For medical malpractice to be present, the medical provider must be outside the standard of care to the extent that ANY reasonable doctor would’ve acted differently. That level of negligence enhances the compensation award if the injury is severe and life changing. If those things are present, then the
Krystal Huffman, the 30 year old mother of Braylyn Evans, lost her baby during delivery in November 2011 at Wake Forest Baptist Health – Lexington Medical Center (LMC). Huffman arrived at LMC at 40 weeks and two days gestation with baby Braylyn set to be induced. Huffman has gestational diabetes controlled by a diet. That, plus an issue with a prior delivery, complicated her pregnancy with Braylyn. According to the lawsuit, Huffman was admitted into labor and delivery at 4:55am. At this time, Pitocin/Oxycotin was started. Throughout the day, there were multiple signs of fetal distress with no action taken. At 6:34pm that same day, Braylyn was delivered. She was not breathing, had no heartbeat and was unresponsive. About an
What doctors are sued the most for medical malpractice? By: Darrell Castle Certain medical specialties pose more risk than others, which can lead to some specialties being sued more than others. Usually you don’t sue over a small injury – because you likely won’t win. You have to be able to show significant damage. While that does mean certain doctors are more at risk than others, those doctors also tend to receive higher pay for their expertise – because when they do their job well, they’re absolutely invaluable. Here are the specialties that face medical malpractice suits most often: Neurosurgery Thoracic-cardiovascular surgery General surgery Orthopedic surgery Plastic Surgery Gastroenterology Obstetrics and gynecology Urology Pulmonary medicine It’s important to note
Dangers of Drowsy Driving While we all want to believe we understand the dangers of drowsy driving, the statistics show we don’t always take proper caution. According to a November 2014 study by the AAA Foundation for Traffic Safety, 1 in 5 fatal car accidents involve a drowsy driver. The possibility of you or any driver waking up in a car accident is scary and real. A lack of sleep slows your reaction time. It reduces your ability to process information, pay attention, and have accurate motor control. So what can we do to stop it? Warning Signs of Drowsy Driving Statistics show that drivers who get less than 8 hours of sleep nightly are more likely to have a wreck
By: Darrell Castle Usually when a person dies in a medical malpractice case, the insurance company (or the jury, if the case goes to trial) try to determine the “life value.” “Life value” is a pretty cold phrase: it’s the technical term for determining how much a life is worth, and it’s determined as a mathematical equation by special companies with actuarial tables. Hypothetically, if the malpractice victim was a 27-year-old brain surgeon and mother of 2 children, the life value would be considered very high: She had a long life ahead of her, with a family depending on her for emotional and financial support. She had a high income and was responsible for helping a lot of people. But
A new proposed law traveling through the TN state legislature may affect future malpractice cases – and not necessarily in a good way. The bill – HB2979 (also SB2789) – would allow attorneys for health care providers in medical malpractice cases to access all medical records of the patient filing the claim, including mental health records and any records related to drug or alcohol abuse, even if the previous treatments had nothing to do with the current malpractice case. The law would also allow the health care provider’s attorney to interview the patient’s doctors without the patient or patient’s attorney present. What could this mean for people trying to file medical malpractice cases in Tennessee? For one, this new proposed
We pause this weekend to remember those who have, as Abraham Lincoln said, given “the last full measure.” This Memorial Day, I suggest a walk through a national cemetery. As you look at the long lines of markers, you will see one that says “the price of freedom is visible here.” I once wore the uniform of a United States Marine Corps Officer, so it is a special honor and privilege for me to thank those of you who are currently serving and those who have served in the past. Anyone who has served knows that military service is something that stays in your heart and mind for life. I hope and pray that all of your lives are long
As we recover from holiday spending and head into spring, for some it may feel like debt has taken over their lives and 2015 looks glum. Are you suffering in silence over money owed and don’t see a viable way out? Bankruptcy may be a good option for you when all hope feels lost. If you’ve reached a point where you cannot pay all that you owe, bankruptcy can allow you to have a fresh statt. What does filing for bankruptcy entail? How much will it cost? What does that mean for the average person? Below are several of the frequently asked bankruptcy questions we get in Memphis. Why does bankruptcy have such a negative connotation? While bankruptcy often gets
As Pinnacle Airlines deals with filing a Chapter 11 bankruptcy, Memphis International Airport and One Commerce Square downtown are both dealing with potential fallout. But according to Memphis Business Journal, the effects may be minimal – especially for the city of Memphis. In the Journal’s recent article on the bankruptcy, Larry Cox, president of Memphis-Shelby County Airport Authority, says he doesn’t believe Pinnacle’s changes will hurt the airport. The article states: Bankruptcy is not the shameful thing many think it is, according to Cox. “In the airline industry, just about everybody but one or two airlines have gone bankrupt, and some of them several times,” he said. “It’s just a way for them to align their costs with their
Tennessee attorneys and injured workers have known it for years: our lawmakers are trying to make it harder and harder to fight for workers’ comp benefits. They made some progress in 2014. They cut disability benefits, made it harder to show injuries are work-related, and moved the claims to a new administrative court. As a result, claims are down. Many workers’ comp lawyers don’t feel it’s worth it to take new cases, especially with their fees set by law to a small portion of their clients’ past-due benefits. But here’s the funny thing about workplace injuries: they don’t just suddenly stop because we try to limit the claims. People are still getting injured at work, they’re still looking for someone to cover