Medical Malpractice Lawyer Memphis TN

Medical Malpractice Lawyer Memphis TN

A medical malpractice lawyer Memphis TN residents count on should be honest, experienced, and determined to fight for you every step of the way. Without these things, you might not get the compensation you rightfully deserve.

Memphis medical malpractice lawyer Darrell Castle & Associates brings compassionate support and decades of experience to the table. We have a zealous passion for getting justice for personal injuries. And we’ve built an astounding reputation that cannot be ignored.

For a free case review with a medical malpractice lawyer in Memphis TN, call 901-327-1212.

What is Medical Malpractice?

Medical malpractice or medical negligence occur when a medical professional fails to meet the standards of care. That means they break with the standard procedures or rule of conduct. This can include a doctor, surgeon, pharmacist, nurse, anesthesiologist, or hospital. Personal injury attorneys handle medical malpractice claims through the civil courts.

If you’re looking for a medical malpractice lawyer in Memphis, Tennessee, Darrell Castle & Associates can help. Medical malpractice can seriously impact a life, and before you know it you could be swamped with expensive bills and invasive procedures – all because the people you trusted with your health turned out to be incompetent, negligent, or both. Filing a medical malpractice suit is a good way to get financial compensation, which can help a great deal if you’re struggling to make ends meet as a result of a botched medical procedure or inadequate medical treatment. However, proving medical malpractice can be difficult, and it’s important to reach out to a qualified lawyer to make sure your case stands a chance.

A medical malpractice suit requires lots of planning and organization beforehand. You may feel wronged by the treatment you had to endure at the hands of medical professionals, and you may feel like you have a strong case. However, whether there is merit to a medical malpractice suit is decided by a court, and a court requires evidence. By working together with a qualified medical malpractice lawyer in Memphis, TN, you can improve your chances of getting the compensation you deserve – and you can make sure that nobody else has to suffer at the hands of the untrained and incompetent medical personnel that have caused your injuries.

What Does Medical Malpractice Require?

For a successful medical malpractice suit, you need to ensure you have relevant evidence. This important evidence needs to prove two things: that A) there was negligence; and B) there was an injury that was a direct result of the negligence. These two are important to build your case, but they can be challenging to prove.

  • Negligence: For a successful medical malpractice suit, you have to prove that your healthcare provider acted negligently. This could include assigning you an unnecessary surgery, or prescribing the wrong medication without considering other options for improving your health. Proving your medical professional acted unreasonably is another valid possibility, but whether you’re arguing they were negligent or arguing they were unreasonable requires solid evidence. This often requires input from another medical professional.
  • Injury: You may think this would be relatively simple, but proving you suffered an injury because of the actions of a healthcare provider can be a challenge. Your injury must be a result of the negligence. It can be argued that your injury already existed before your treatment, so you need to prove otherwise if you want a decent chance at winning your case and collecting compensation.

Contact Darrell Castle & Associates

A medical malpractice suit is difficult to handle by yourself. It takes planning, organization, and a thorough investigation of your case – and at Darrell Castle & Associates, we’re dedicated to providing personalized case management for each and every one of our clients. We take steps to ensure you have the best chance at winning compensation for any medical malpractice you may have suffered, and we provide all the information you need to make the most of your case. If you’re looking for a medical malpractice lawyer in Memphis, TN, look no further: contact Darrell Castle & Associates today.

A good Memphis medical malpractice lawyer will fight for the patient and their family to get compensation. Malpractice injuries can be incredibly expensive, including corrective surgery, physical therapy, lost wages, pain and suffering, and more. So sometimes having a great medical malpractice attorney can make the difference between rebuilding your life and losing everything.

That’s why we work so hard for every client – we know how high the stakes can be.

Types of Medical Malpractice

As a medical malpractice lawyer Memphis TN trusts with their biggest claims, we’ve dealt with a broad range of cases that include:

  • Surgical Errors: These mistakes occur before or during surgery. Examples include: damage to an organ or body part, leftover equipment in the body, or operating on the wrong part.
  • Childbirth Injury: Childbirth injury means an unborn fetus, a baby, or a mother suffers injury from a healthcare professional’s negligence. In these cases, you should speak to a medical malpractice lawyer Memphis TN trusts. Childbirth injuries often cause lifelong problems. Many people imagine these injuries as only obvious physical damage (for example, a head injury during the birth process). Those certainly do happen. But they may also include failing to diagnose medical conditions or treating a pregnant patient with the wrong medication.
  • Misdiagnosis: One of the most common forms of malpractice is misdiagnosis. This could include failing to identify a condition or misdiagnosing a condition.
  • Anesthesia Mistakes: Examples include when an anesthesiologist fails to understand a patient’s medical history or uses defective medications or products. We’ve also seen cases where they improperly place the equipment or don’t check the patient’s vital signs. If you’ve been a victim, contact a medical malpractice lawyer Memphis TN knows and trusts.
  • Medication Errors: If the patient receives the wrong medication, an improper dosage, or has a negative interaction with another prescribed medication, it could be medical malpractice.

medical malpractice infographic

When You Should File a Medical Malpractice Claim

Medical malpractice claims must be filed within a certain time period. In general, this is within one to two years of discovering the injury or one to three years after the negligence took place. The actual deadline will vary from state to state. So the sooner you get started, the better the outcome of your claim may be.

If a minor is the victim, or if the patient died as a result of the malpractice, you should call our firm as soon as possible. And in almost any malpractice case, the sooner you speak with an attorney, the stronger your chances of a successful claim.

How Much Will You Receive if You Win Your Medical Malpractice Case?

This is one of the main questions any medical malpractice lawyer Memphis, TN faces. 

This is a simple answer, but it actually has a complicated answer. It would be nice if there was just one answer for all medical malpractice cases, but the circumstances are going to affect how much the victim can receive by a huge amount.

What Your Case Is Worth?

If your case continues to its completion in court, then you will receive the sum of all damages you claimed. It is very likely, however, that if the court is siding with you the defendant will offer you a settlement. The only time a settlement offer is not likely to be given is if the case is extremely close and could go either way. The settlement offer will probably be slightly less than the sum of all damages. In other words, you will receive slightly less if you accept the settlement offer.

So why would anyone ever accept a settlement if it is less? Your medical malpractice lawyer Memphis, TN will tell you there are two reasons:

  1. Accepting the offer is the safe bet because you do not know if you will win your case.
  2. You will save time and legal fees by accepting and ending the lawsuit early.

If you receive a settlement offer, discuss it with your attorney. Carefully value how much your time is worth when making a decision.

Damages

To put a value on your case, you need to understand the three types of damages. This is something your medical malpractice lawyer Memphis, TN can review with you in detail. The first is special compensatory damages. These damages account for every financial loss you suffered, such as your medical bill, missed paychecks, and expenses.

The second type of damages is general compensatory damages. These account for every non-financial loss you suffered, such as pain and suffering, emotional distress, loss of enjoyment of life, disability, and disfigurement. Because these damages do not have a financial value, the judge will be the one to assign a value to them. This means you cannot know their value in advance, although your medical malpractice lawyer Memphis, TN can give you a good estimate.

Punitive damages are damages assigned by the judge to punish the defendant rather than reward the plaintiff. You have no control over these damages and cannot predict them with complete accuracy. To know how much your case is worth, you must add your general and estimated special compensatory damages. You should not expect to receive punitive damages, although it may be a nice bonus.

Medical Malpractice Statistics You Should Know About

Some patients are hesitant to file a lawsuit for medical malpractice because they think that no one will believe them. If you’ve ever asked yourself, “Who will believe me over a doctor?” the answer is that we will. At Darrell Castle and Associates, PLLC, we’ve seen countless staggering examples of malpractice in Memphis. The following statistics may shock you.

Approximately 10% of All Deaths in the United States Are Caused by Medical Errors

Across the country, medical misdiagnoses, surgical errors and mistakes with medications are out of control. These aren’t just minor mistakes — they can cause lasting damages to your health, happiness and quality of life. Having a medical malpractice lawyer in Memphis TN file a claim on your behalf is the right thing to do for yourself and your family.

Between 7,000 and 9,000 Patients Die Each Year Because of Errors in Medication

If you experience health problems, ongoing pain, suffering or other problems because of medication errors at the hospital, you don’t have to “deal with it.” Filing a claim is appropriate and it helps you maintain control over your health. At Darrell Castle and Associates, PLLC, we care about your needs. Our goal is to help you get the compensation you deserve.

What if a loved one has passed away because of medical malpractice? Caring for the needs of your family may require filing a lawsuit for wrongful death. Our experienced and kind attorneys can help you with the necessary steps.

About 12,000,000 Cases of Misdiagnosis Happen Every Year in the United States

Some people believe that “it won’t happen to me,” but the sad reality is that medical malpractice cases can occur to anyone. You should contact a medical malpractice lawyer in Memphis TN as soon as possible if you suspect malpractice so your attorney can gather the needed evidence.

Up to 50% of Antibiotics Prescribed in US Hospitals Are Inappropriate or Unneeded

Another cause of severe side effects and health problems is when physicians prescribe medications that were completely uncalled for. This action can contribute to damaging physical, emotional or mental health problems.

Over 100,000 Americans Are Permanently Disabled or Die Every Year From Incorrect Diagnoses

Some doctors work long hours with little sleep or proper nutrition. Is it a surprise that many make dangerous, life-altering mistakes in hospitals across the country? This situation is more common than you may realize. The purpose of having a medical malpractice lawyer in Memphis TN is to look out for your interests, not the hospital’s or the insurance company’s interests.

Call Darrell Castle & Associates Now

If you believe you have a case, contact us today. We will investigate your claim and let you know your options. You should find someone who will fight tooth and nail for you. We work tirelessly to get our clients compensation that covers medical bills, pain and suffering, lost wages, and emotional stress.

To tell us your story, please call a medical malpractice lawyer Memphis TN has trusted for decades at 901-327-1212.

Can a hospital be liable for malpractice or medical negligence?

Medical practice occurs when a healthcare provider’s care falls below the standard. There is an accepted standard that is based on the healthcare provider speciality and geographic region, providing care that is below that standard is considered negligent. Healthcare providers such as doctors, physical therapists and nurses are often the ones are held liable for medical malpractice but there are terms in the hospital itself is held responsible.

Hospitals liability for the negligence of its employees is not a well-known concept however your medical malpractice lawyer should understand this concept, the legal concept of vicarious liability which is used to hold them lawyers liable for negligent act of their employers can be used to hold the hospital accountable for the negligence caused by their physicians, nurses, physical therapists, regional therapists and other healthcare providers employed by the hospital.

If the individual employed by the hospital was completing work related duties when the malpractice occurred then the hospital was going to be held liable for negligent acts of its employee. Some common medical errors the hospital may be held liable for are things such as a monitor failing, failing to monitor their patient properly, failing to take patient’s vital signs one of propria, failing to consult the patient’s record for important information, administering the wrong type of medication or the wrong dose, making a surgical error, failure to properly diagnose a patient, failure to respond to a patient’s call for help, failing to check on bedridden patients for bedsores and to ensure that patients who are bedridden are periodically rotated.

But there are healthcare providers who are not employees of the hospital that they work at. So while hospitals can be held liable when the employees are negligence, many hospital workers are not actually employees of the hospital. Many doctors are actually independent contractors, they may work in more than one hospital and in their own practice. So even if medical malpractice occurred at the hospital the hospital itself may be off the hook when a healthcare provider is an independent contractor.

Determining whether the hospital is the employer of the doctor depends on the extent of control the hospital had ever this person, some such things to look at could be whether the hospital determines the fees the doctor in charge, the hospital excises significant role the health care payment, the hospital controls the doctors working hours and excises control over the health care provider’s job conditions.

If none of these things are meant, the most likely that Dr. is a contractor. If a hospital employee commits medical malpractice in the non-employee doctors supervising, the doctor may be the only one held legally responsible for the malpractice.

Help for Your Medical Malpractice Case

It’s always important to contact a medical malpractice lawyer in Memphis TN when pursuing a case of malpractice. At Darrell Castle and Associates, PLLC, we have extensive experience with this type of litigation, and we can offer valuable advice and recommendations that help you take the right steps at the right time. There are also several things you can do personally to strengthen your case.

Gather All the Records You Can

Remember that for your medical malpractice lawyer in Memphis TN to have a case, it’s important to prove three things: negligence, duty of care and injury. To file a claim for medical malpractice, you have to show that the medical professional had a responsibility for your care, acted with gross negligence and harmed you in some way.

Medical records are one of the most powerful ways to demonstrate these three essential piece of evidence. They show who treated you, what procedures were followed, what medications were prescribed and when you were treated. These documents can also help your attorney find eyewitnesses to testify.

Save copies of all medical documents and receipts related to the injury/malpractice. Request a copy of your records at the hospital and take them along when you meet with your medical malpractice lawyer in Memphis TN. At Darrell Castle and Associates, PLLC, we can also request these records directly from the hospital or clinic, but you need to sign documents that authorize us first.

Contact the Doctor’s Insurance Company

Not every malpractice case has to go to court. When you choose a professional medical malpractice lawyer in Memphis TN, the legal team should mainly be interested in helping you get the compensation you deserve and need. It’s not always about fighting a long legal battle.

Insurance companies can pressure physicians to settle instead of fighting a medical malpractice case in court. If your lawyer can negotiate a sizeable payment with the health care provider’s insurance company, this may give you what you want more quickly and simply.

Of course, you have the right to decide how to handle your case. If you feel that court is the best option, your medical malpractice lawyer in Memphis TN does everything possible to support that decision.

Don’t Sign Anything Without Consulting Your Lawyer

Whatever the case, never accept a settlement or sign any documents without first speaking with your attorney. Once you sign a settlement agreement, you give up the right to sue later for the injury. Your lawyer can help you ensure the amount of the settlement covers both your current needs and any future problems that may arise from injuries you don’t know about yet.

Choose a Medical Malpractice Lawyer in Memphis TN That Has Litigation Experience

Not all law firms offer the save level of experience. Some lawyers focus primarily on family law or drawing up contract documents for businesses. You want a medical malpractice lawyer in Memphis TN that has successfully settled and litigated malpractice cases in court. That way, you can protect your rights and follow a smart legal strategy to win your case.

Can I Hold a Nurse Accountable for Medical Negligence?

Most medical malpractice claims are filed against physicians and hospital administrators. After all, physicians and hospital administrators must usually “sign off” on any patient care decisions before treatments are administered, medications are dosed, individuals are discharged, diagnoses are made and records are compiled. Therefore, these professionals affirmatively exercise a “duty of care” to their patients, day in and day out. However, these medical professionals are not the only healthcare providers that may be held accountable for negligent or reckless behavior that causes patients harm. Depending on the circumstances surrounding harm caused to a patient, it may be appropriate to hold a nurse accountable for failing to exercise a proper duty of care in a specific situation.

It is important to understand that it is not always easy to determine who is at fault when a patient has suffered preventable harm. It often takes experienced legal professionals, including Memphis, Tennessee medical malpractice lawyers, a relatively significant amount of time to investigate a patient’s situation before it becomes possible to determine how the harm occurred and who should be held accountable for that harm. When it is discovered that a nurse’s negligence or recklessness contributed to a patient’s harm, a personal injury suit may be filed accordingly.

When Nurses Unintentionally Cause Harm

Most nurses are hardworking, devoted and underappreciated professionals. But even the most conscientious professional may behave in a negligent manner from time to time. When such negligence results in patient harm, accident victims may explore their legal options with the assistance of experienced Memphis, TN medical malpractice lawyers. Similarly, nursing facility patients who suffer harm as a result of negligence or neglect at the hands of nurses may be able to seek compensation through the process of filing legal claims.

Holding a nurse accountable for negligence does not mean that you do not value the services that nurses provide or the ways in which most nurses invest in their patients. Unfortunately, when medical harm occurs, it generally results in significant economic and noneconomic losses for the affected patient and his or her family. Filing a legal claim with the assistance of Memphis, TN medical malpractice lawyers may allow you to remain financially secure as you seek to recover from the unintentional harm you have suffered. Filing a medical negligence claim against a professional is not a personal affront to a hardworking nurse. It is the legal way to ensure that a patient who is already suffering isn’t required to shoulder the burden of the financial consequences of the harm that has been caused.

Medical Negligence Claims Assistance Is Available

If you believe a nurse’s negligent or reckless behavior may have contributed to harm you suffered while being medically treated, please consider scheduling a consultation with Darrell Castle & Associates, PLLC today. It is important to seek legal guidance as soon as you can after suffering harm as a result of another’s actions or inaction. Failure to act quickly may limit your legal options as time passes. In addition, waiting too long to seek justice can result in evidence disappearing or becoming compromised, which could impact the outcome of your case. Working with Memphis, TN medical malpractice lawyers as soon as you can will help to ensure that your legal options remain as safeguarded as possible.

Just how do you know if you or a family member have been a victim of medical negligence and that you might be in need of a medical malpractice lawyer in Memphis, Tennessee?

Identifying medical malpractice can be tough. When a medical supplier is negligent in the care supplied to a person that results in injury or fatality, negligence sometimes occurs. Negligence occurs more often than you may think. According to a research by John Hopkins, clinical mistakes are currently the 3rd leading cause of death in the United States, leading to approximately 250,000 deaths annually. That is the equivalent of two, completely filled jumbo jets collapsing daily. 

With all the developments in clinical understanding as well as experience, why are there numerous clinical errors and also what can be done to lower them?

We are a nation of legislations, which intends to keep our community safe and to protect the legal rights of our people. When we drive cars and trucks, we have to brake at red lights, decrease our speed in college zones, and return as we go into a highway. When we drive to drive a carpool or a function for our youngsters, these supposed policies of the roadway laws keep us secure from damage. Just like drivers must adhere to the rules of the road, doctors also have regulations they must follow in their particular occupations. Registered nurses should dispose of dirty needles in the correct receptacle, and doctors have to clean their hands before surgical treatment, as just 2 examples. When doctors break the customary practices and also create injury to a person, our lawful system is designed to hold them responsible.

Exactly how then, are legal professionals able to identify when a medical malpractice lawyer is needed in Memphis, TN?

Communication is vital for risk-free medicine. Nurses, doctors, and various other healthcare professionals have to connect timely, precisely, as well as clearly with each other to ensure client security. In several instances, a situation relies on having the ability to show when a doctor or nurse has actually treated a client but somehow failed to interact appropriately with either the client or fellow medical staff members. You can picture the harm that might follow if a medical professional is not informed of examination results, or even worse, is given info concerning the wrong person. When a wellness treatment supplier passes on incomplete clinical details or delays a crucial communication, a patient can be seriously hurt. The accuracy of patient-related info is exceptionally essential in the clinical context because there are often several health care service providers associated with the treatment of a person at various periods. You often have registered nurses and doctors working different shifts that are accessing personal documents or clinical carriers in a different department relying on the info entered previously by one or more clinical personnel. If a clinical company identifies a person allergic to an antibiotic and that information in some way does not get properly communicated to the following clinical carrier, the patient might receive the antibiotic as well as experience anaphylactic shock leading to death.

3 Common Myths Clients Have About Medical Malpractice Lawyers

1. Medical Malpractice Lawyers Are Expensive

It is a common misconception that there is a personal cost associated with retaining a medical malpractice lawyer. In fact, clients of a medical malpractice lawyer, such as those at Darrell Castle and Associates, PLLC, typically do not pay any costs upfront.

The law firm can take on many of the costs associated with the claim as an advance. If financial compensation is awarded at the end of the case, the law firm is repaid its advance from that award. Additionally, if the claim is unsuccessful, there is no cost to you for the advance.

2. Any Lawyer Can Fit Your Needs

A lawyer you choose because he is a friend or you saw her billboard may not end up fitting your needs. When searching for a medical malpractice lawyer in Memphis TN, it is important to know if the firm has:

  • An established network of medical professionals 
  • Experience with medical malpractice cases
  • A long-standing and successful history of representing clients

Llaw firms with these attributes, such as Darrell Castle and Associates, PLLC, have the resources to professionally and knowledgeably support your claim.

3. You Can File Your Claim the Same Way a Medical Malpractice Lawyer Would

It is unlikely that you could personally file your claim while staying in accordance with all the laws of Tennessee. To do so would be putting yourself in a situation that is equivalent to representing yourself in court without a lawyer.

For example, you could need to hire a medical professional to act as a professional witness. This could be expensive, and you would have to determine on your own if the medical professional is qualified to be a professional witness.

If you hire a medical malpractice lawyer, the cost of hiring a professional witness generally would be incurred by the law firm. Also, the firm could already have access to a qualified medical professional who could act as a professional witness for your claim.

There is also evidence that you would need to gather as proof of injury or negligence. This is not an easy task and could severely hurt your claim if done poorly.

A medical malpractice lawyer in Memphis TN could complete all the evidence gathering for your claim. This may include proof that there was a doctor-patient relationship, that injury was sustained because the duty of care was not upheld by the medical professional, that you suffered damages stemming from the injury, and that a cost can be assigned to the damages.

To learn more about medical malpractice lawyers in Memphis TN, please call  Darrell Castle & Associates 901-327-1212. 

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