What is medical malpractice?
Medical malpractice is a negligence claim against a doctor, nurse, or other medical providers. Doctors have an obligation to follow the appropriate standard of care when treating patients. If they fall below this standard and cause harm to the patient, they can be held legally responsible.
Medical malpractice occurs when a doctor or other medical professional provides substandard treatments that results in injury to a patient. Common types of medical malpractice include surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries and anesthesia errors.
If you have been injured due to an error made by a doctor, nurse, or other medical professionals you should immediately contact a medical malpractice lawyer. The first step is contacting a medical malpractice lawyer in Memphis TN from Darrell Castle & Associates.
How do I know if I have a medical malpractice case?
If you believe you were harmed by a physician’s actions (or inaction), start by speaking with another doctor. Make sure your new doctor understands exactly what happened and how you were treated by the original doctor. If your new doctor agrees that your original treatment crossed the line into medical malpractice, ask for a written statement detailing the reasons for this opinion.
Most malpractice lawyers in Memphis, TN will not accept a case without first having it evaluated by another doctor to confirm that there was indeed medical malpractice.
What is the time limit for filing a medical malpractice claim?
The statute of limitations requires that any medical malpractice lawsuit be filed within one year of the date of injury or within one year from the time the injury should have been discovered – whichever comes later. If you believe you have suffered an injury as a result of medical malpractice, it is important to seek legal counsel as soon as possible to make sure your case is filed within this time period.
How do I know if my case is one of medical malpractice?
Generally, a medical malpractice case arises when a patient (or the patient’s family) believes that the standard of care provided by the doctor fell below what is considered acceptable in the profession. This occurs in situations such as when a doctor fails to diagnose an illness, makes an incorrect diagnosis, or gives improper treatment. If you believe that your injury was caused by a medical error, it is important that you contact a malpractice lawyer in Memphis, TN to discuss your legal rights and options.
What Is a Medical Malpractice Lawsuit?
A medical malpractice lawsuit provides compensation for injuries caused by medical malpractice. These lawsuits can be filed against doctors, nurses, hospitals, pharmacies, and other healthcare facilities. A lawsuit can also be filed against the manufacturer of a drug or defective medical device if they are responsible for causing the injury. In many cases, victims may file suit against more than one party responsible for causing their injuries.
Are there time limits on filing a claim?
Each state has time limits (called statutes of limitations) for filing lawsuits. These vary by state and by type of case but range from one to five years. If you do not file before the deadline expires, you will be barred from receiving compensation for your injuries. These rules can be complicated; an experienced malpractice lawyer in Memphis, TN from Darrell Castle & Associates can help you navigate them.
In Tennessee, the statute of limitations to file a medical malpractice lawsuit is one year after the injury occurred. However, if the injury isn’t discovered within that period, the statute of limitations period will run on the date the injury was diagnosed. You will have a year from that date to pursue compensation.
Can I File a Lawsuit If I Didn’t Get the Results I Wanted from a Surgery?
No. There are no guarantees with any type of surgery. Even if the surgeon followed the standard of care, the procedure may simply not work. Although this can be very disappointing, it doesn’t mean that malpractice occurred.
How Long Do I Have to Bring a Lawsuit?
In Tennessee, the statute of limitations to file a medical malpractice lawsuit is within one year of when the malpractice was discovered. Once that deadline has passed, you will no longer be eligible to receive compensation.
Should I Hire a Lawyer?
Yes. Medical malpractice lawsuits are one of the most complex types of personal injury cases. It can be quite difficult to prove that medical negligence did indeed occur. To improve your chances of getting a fair settlement, hire a skilled medical malpractice lawyer in Memphis, TN. He or she should possess medical knowledge and have experience with the type of malpractice you endured.
Who Can I Sue for Medical Malpractice?
People still assume that you can only sue doctors and surgeons for medical malpractice. However, you can actually bring a lawsuit against any medical professional who acted negligently and caused you harm. This includes nurses, dentists, physical therapists and hospitals.
If I Can Establish That the Medical Professional Violated the Standard of Care, Do I Win My Case?
No, not necessarily. You are also required to prove that the failure to provide standard care caused your injury. The other side may argue that the injury is just a natural progression of your condition or your condition was incurable. You have to convince the court that your injury resulted from the malpractice.
Who Can I Sue for Medical Malpractice?
You can file a lawsuit against the medical professional who made the medical error. In many cases, this will be a doctor. However, other medical professionals can commit medical malpractice, such as nurses, anesthesiologists and dentists. If the professional who committed malpractice is employed by a hospital, that hospital may also be held liable.
Why Should I Hire a Lawyer?
Medical malpractice lawsuits are more complex than other personal injury cases. From interpreting medical documents to finding medical experts to testify, there are many steps to developing a strong medical malpractice lawsuit. That’s why it’s worth it to hire an experienced medical malpractice lawyer in Memphis, TN. He or she will help you build a strong case and improve your chances of obtaining fair compensation.
If I’m Not Happy with the Results of a Surgery, Do I Have a Medical Malpractice Case?
Most likely not. Just because the results of a surgery weren’t satisfactory, doesn’t mean that negligence occurred. To have a viable claim, you must be able to show that you suffered an injury due to the doctor’s negligence.
Will I Have to Go to Trial?
Like many other personal injury cases, medical malpractice cases usually get settled out of court. However, if you can’t reach a fair settlement with the insurance company, it may be necessary to go to trial.