Medical Malpractice Lawyer Memphis TN
Intensive medical care tends to carry with it certain risks, but when those risks lead to accidents that could have been avoided, speaking with a medical malpractice lawyer Memphis TN knows for caring representation is crucial. Medical malpractice is a scenario when you or a loved one is harmed by a doctor’s or medical professional’s failure to competently and responsibly perform his or her duties. It can be life-altering and lead to unforeseen, painful consequences.
If you or a loved one has been injured by a doctor’s negligent or irresponsible behavior, you need the medical malpractice lawyer Memphis TN trusts. Darrell Castle and Associates, PLLP, is a Memphis firm experienced in medical malpractice claims, and can serve you in seeking compensation for the pain you’ve experienced.
It might feel like you have a mountain to climb to receive the compensation you deserve. And you may feel alone in your struggle. We support our clients through hard times and fight with everything we have for the compensation you need.
When you’re seeking a medical malpractice lawyer Memphis TN clients know for being supportive, you want someone who will be understanding about your personal situation. Our attorneys know you need to focus on yourself after an injury in order to get better and move on with your life. With our compassionate, experienced staff, you can rest assured your case will be handled with care. Our award-winning client service and record of successful cases back that up.
Filing a Medical Malpractice Claim in Memphis
As a medical malpractice lawyer Memphis TN has depended on for decades, I’ve gotten to know many doctors and hospital administrators. I don’t take cases that make their lives harder without a very good reason. We believe medical malpractice is a very serious matter and should never be pursued casually or without proper cause.
But sadly, those reasons do exist. If you’ve experienced medical malpractice, you know it can be traumatic. It can change your life and cost your family everything. Doctors carry insurance for this very reason.
The way a Memphis medical malpractice lawyer typically determines whether or not to pursue a claim is based on legal expectations regarding medical standards of care. This means that if a medical professional did not provide the level of treatment and care that would ordinarily be provided by another professional under the same circumstances, and as a result caused harm to the patient, there may be a valid claim of medical malpractice.
Sometimes people make a rash judgement about medical malpractice before they understand how it works. In many cases, it was just an accident. But who should pay for that accident?
If a doctor amputates the wrong leg, should the permanently handicapped person pay for a lifetime of medical care? Should they declare bankruptcy because of their lost job and outrageously high medical bills? Most people would say not.
This is why it’s crucial for a medical malpractice lawyer Memphis TN clients seek to establish that the professional did not meet the medical standard of care. The attorney may also use an expert’s testimony to establish the expected standard.
Damages in Medical Malpractice Cases
As a medical malpractice lawyer Memphis TN clients know for measured representation, I make sure that all clients are aware of what damages they can reasonably seek to recover. Be aware that to be awarded any sort of financial compensation it must be proven that:
- The damages to you were directly caused by the instance of medical malpractice; and
- There is an approximate cost that can be associated with those damages.
There are many types and categories of damages, but generally, when you fight for compensation for medical malpractice, you fight for:
- Medical expenses that are directly related to the medical malpractice
- Lost wages from the time you have to take off of work
- Lost earning capacity, resulting from changes that alter your ability to engage in certain work activities or responsibilities
- Pain and suffering, based on the level of severity and permanence of the harm you suffered
- Other crucial expenses, including the physical and emotional toll on you and your family
Depending upon your unique situation, you might also be able to recover special damages, punitive damages, or damages related to the loss of your loved one’s life. Contact me to find out more.
At their best, medical malpractice law takes the pressure off the patient, who did nothing to deserve his or her predicament. Getting assistance from a capable medical malpractice lawyer in Memphis TN can help you navigate the litigation process and get the justice that you deserve.
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.
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.
Memphis Medical Malpractice Law 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:
- Accepting the offer is the safe bet because you do not know if you will win your case.
- 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.
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.
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.
Child Birth Injuries
There are many events that can lead to childbirth injuries or even death. While many doctors are great about treating childbirth injuries before they become permanent or an issue, there are some that simply look the other way. This can lead to a lifelong disability or even death. Here are some of the improper treatments at or following the birth of a child:
- Failure to assess health conditions during pregnancy
- Failure to provide appropriate treatment during pregnancy or at birth
- Failure to respond to symptoms of fetal distress
- Neglecting to respond properly to complications during the birthing process
- Not performing a cesarean section because of fetal distress or other conditions
- Delaying or denying treatment
- Failing to order appropriate oxygen and respiratory treatment after birth
- Neglecting to properly treat trauma suffered during the labor process.
The list goes on when it comes to injuries suffered at birth. When these things happen, it can not only hurt the mother but also the baby. These can be costly to fix and there are times they can’t be fixed.
There is a huge financial and emotional cost that comes with having a child with lifelong disabilities or injuries that happened during birth. For a mother, it can be hard to not blame herself for the injury that took place. When you add on that often the child will need more medical care, have special education needs, have the need for home modifications, have a need for adaptive equipment, and in some cases the need for institutional care. All these add up and it can be costly.
Cerebral Palsy is a disorder caused by brain damage that occurred at or before birth. Most often this is due to medical malpractice because only 2% of cases are genetic. This disorder is an abnormality of motor functions and muscle tone arising from brain damage. The severity can vary from person to person meaning not all cases are the same.
This disorder affects up to three in every one thousand children but has a higher rate in problematic births with low weight and premature infants. This gets higher when you have a person of color giving birth. While there have been vast improvements in delivery and care there is plenty to do in order to eradicate this disorder.
If you have to find a medical malpractice lawyer in Memphis Tennessee, then don’t settle for the first lawyer you find. Trust that our experienced lawyers at Darrell Castle & Associates will help you with your case and help you get the compensation you deserve.
Medical Malpractice Law Statistics
According to the Tennessee Department of Commerce and Insurance, in 2018 there were 1,808 total healthcare claims closed. The total amount paid out for these claims was an incredible $86,677,762. At Darrell Castle and Associates, PLLP, we treat every client with dignity and respect. You will know your case matters to us, because you’ll see it in the way we treat you and get results. We can also be flexible in meeting with you if your injury has caused physical disability or if you have special health needs.
Contact a Medical Malpractice Lawyer Memphis TN Trusts
As a medical malpractice lawyer Memphis TN has turned to for their toughest cases, I understand what you want and need in an attorney. I stand confidently on the words of my satisfied clients.
And we don’t get paid a single penny unless you do. That means medical malpractice cases are an investment for us, so if we take your case it’s because we believe in it and want to fight for you.
If you have a medical malpractice case, we’d love to speak with you. Contact us today to talk for free with a medical malpractice lawyer Memphis TN trusts and to take those first few steps on the road to receiving the compensation you need. You can get in touch with us at Darrell Castle and Associates, PLLP to arrange your free initial consultation by calling 901-327-2100 today. Knowing you have a medical malpractice lawyer Memphis TN victims turn to who is in your corner can make all the difference in getting your life back on track.
How Can You Avoid Becoming a Medical Malpractice Victim?
A Memphis, TN medical malpractice lawyer knows that every year, millions of patients in the United States undergo surgery. Some of these procedures are minor, while others are much more dire, with the potential to change the patient’s life forever. Some of these procedures are elective, while others are necessary in order to save the patient’s life.
No matter what the reason for the surgery is, every patient should understand that any procedure carries some risk. This is why every person who is considering surgery or has been told they need a procedure should ask the following questions in order to be fully informed and prepared.
Is this procedure necessary?
Many patients think that if their doctor has recommended a procedure, then it must be necessary. However, the truth is that there are often other alternatives that may be available that could make the procedure unnecessary or – at the very least – delay the need until a later date.
What will happen during the procedure?
Every patient has the right to know exactly what will be done to them during an operation. You need this information in order to make an informed decision. Make sure your surgeon explains to you exactly what they are planning on doing and if you do have questions, do not hesitate to ask.
Do I need to get a second opinion?
A Memphis medical malpractice lawyer knows that many insurance companies require a patient to get a second opinion before they will approve paying for the procedure. Even if your insurance company doesn’t require it, it is often a good idea to get that second opinion to make sure that you are making the right decision.
What type of anesthesia will be used during the procedure?
There are several different types of anesthesia that are now available for patients. These include local, regional, and general. Anesthesia affects patients in different ways so make sure your doctor is aware of any past issues you may have had. You should also have the opportunity to meet the anesthesiologist who will be administering the medication prior to your procedure.
What should I expect during recovery?
Every patient recovers differently. Some patients bounce right back after a procedure, while others take much longer to heal. Your doctor should explain to you how long you should expect recovery to take, as well as any complications that may arise and what you should do if that happens. They should also let you know what type of supplies, equipment, help with care, etc., you may need so you can have these plans in place well before your operation and you arrive home.
What if there is some type of surgical error made?
If you have issues following the procedure that you believe is a result of a surgical or other medical error, contact a Memphis medical malpractice lawyer from Darrell Castle & Associates.
Darrell Castle & Associates, PLLC Memphis Medical Malpractice Lawyer
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