As a medical malpractice lawyer Memphis TN has trusted for decades, I know how distressing medical malpractice can be.
Any medical care comes with certain risks, but sometimes those risks lead to terrible and preventable accidents.
Medical malpractice describes when you or a loved one is harmed by a doctor or medical professional. In order for it to be malpractice, they have to have failed to perform their duties in a competent and responsible way.
While medical malpractice can include a range of injuries, it’s always serious. We all depend on our healthcare professionals. When their negligence injures us, it can be life-altering and emotionally traumatic.
If you or a loved one has been injured by a doctor’s negligent or irresponsible behavior, we’re here to help. Our Memphis firm is experienced in medical malpractice claims and works tirelessly to get the people of Memphis the benefits you need and deserve.
As the medical malpractice lawyer Memphis TN has trusted with their cases for decades, I’d love to share with you what sets us apart.
A Trusted Firm On Your Side
If you’ve been injured by medical malpractice, 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.
While some of the smaller firms might not have the resources to fully investigate and prove your claim, we’re big enough to defend you with tenacity. We go into battle for our clients, with the dedication and support of our award-winning legal team and staff.
On the opposite end, some of the biggest firms struggle to communicate with their clients. We’ve heard stories of people feeling like they’re part of an assembly line, as though they don’t matter because their case isn’t big enough.
Not so with us. We’re the right size to give your case all the attention you deserve. You’ll never have to worry about us answering your calls or communicating with you throughout your case. Instead, you can focus on what matters most: getting better.
That’s how we’ve won multiple awards for client satisfaction. It’s why we’re the medical malpractice lawyer Memphis TN has given an A+ from the Better Business Bureau and a 5-star rating on Avvo. And it’s how we get so many people referring their friends and family to us time and again.
If you want attention to detail, total dedication to your case, and great communication every step of the way, you’ve come to the right place.
Filing a Medical Malpractice Claim in Memphis
If you believe you’ve been a victim of medical malpractice in Memphis, you need an attorney who will stand by your side every step of the way.
The first step in the process is to speak with a lawyer and give them an idea of your situation. This initial meeting will give you a chance to get to know the firm and decide if it’s the right fit for you.
Our lawyers want to make this part of the process as easy for you as possible. That’s why we offer a free initial consultation, no strings attached. You aren’t agreeing to anything, and you have an opportunity to get to know us and ask any questions that might be on your mind.
You may be wondering how much a medical malpractice lawyer costs. We actually don’t win anything unless you do, and then it’s a portion of the award you receive. We’re always motivated to do the best possible job for you that we can.
To get started, just contact us online today or call us at 901-327-2100. We’ll set up an appointment that works with your schedule and takes into account any physical disability you may be experiencing as a result of the medical malpractice.
We look forward to speaking with you!
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Frequently Asked Questions | Medical Malpractice
What Is Medical Malpractice?
Medical malpractice or medical negligence occur when a medical professional fails to meet the standards of care. This can include a doctor, surgeon, pharmacist, nurse, anesthesiologist, or hospital. If you’re injured by a medical treatment that’s outside the standard of care that you would normally receive from a different provider under the same circumstances, you may be a victim of medical malpractice.
Personal injury attorneys handle medical malpractice claims through the civil courts. We work to negotiate a settlement with the provider’s insurance to help our clients recover from the injuries and losses they’ve experienced.
In addition, we hope that our efforts hold people accountable when they’ve shown egregious behavior. Occasionally, medical malpractice isn’t just an accident, and it’s important that people have an opportunity to get justice when they’ve been wronged.
Is It Wrong to Sue for Medical Malpractice?
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.
Sometimes people make a rash judgement about medical malpractice before they understand how it works. In many cases, it was just an accident. But the question becomes, “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 someone who got sick from being misdiagnosed have to declare bankruptcy because of their outrageously high medical bills? Most people would say not.
At its best, medical malpractice law takes the pressure off the patient, who did nothing to deserve his or her predicament.
How Does Your Firm Decide Whether to Take a Medical Malpractice Case?
Our Memphis medical malpractice lawyers typically determine whether or not to pursue a claim by considering medical standards of care. We look at whether the treatment a potential client received was outside the medical standard of care.
This means we first look at whether a medical professional failed to provide the level of treatment and care that would normally be provided by another professional under the same circumstances. Then, if as a result they caused harm to the patient, there may be a valid claim of medical malpractice.
What Are Typical Damages in Medical Malpractice Cases?
As a medical malpractice lawyer in Memphis, I’ve seen it all. Every case is different, but compensation for medical malpractice may include:
- 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 – meaning how your injury impacted your ability to work in the same way as before
- 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.
What Do You Have to Prove In a Medical Malpractice Case?
For a successful medical malpractice suit, you need to prove two things:
Negligence
For a successful medical malpractice suit, you have to prove that your healthcare provider acted negligently. This often requires input from another medical professional, because you have to show how their behavior was outside the normal standard of care.
Examples of negligence might include:
- assigning an unnecessary surgery
- prescribing the wrong medication
- failing to test for something obvious
- performing the wrong procedure
- and much more.
Injury
For a successful medical malpractice case, your injury must be a result of the healthcare’s provider’s negligence. The other side’s attorneys may try to argue that you already had the injury before your treatment. They also might argue that it arose afterwards from something wholly unrelated to their client’s behavior.
Whichever tactic they use, you want to have a clear argument for exactly how and why the healthcare provider’s specific behavior harmed you.
What Types of Medical Malpractice Do You Cover?
As a medical malpractice lawyer Memphis TN trusts with their biggest claims, we’ve dealt with a broad range of cases, including:
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. These injuries often cause lifelong problems or can even be fatal. Many people imagine these injuries as only obvious physical damage (for example, a head injury during the birth process). Those certainly do happen. But birth injuries may also include failing to diagnose a medical condition 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 telling someone they had the wrong 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.
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.
When Should I File a Medical Malpractice Claim?
Medical malpractice claims have a statute of limitations, so they need to be filed within a certain time period. The actual deadline will vary from state to state. So the sooner you get started, the better your outcome may be.
In my state of Tennessee, you need to file your medical malpractice claim within one year of when the malpractice was discovered, and only up to three years after the incident occurred. So it’s critical to get moving as quickly as possible when you suspect malpractice.
If the victim is a minor, or if the patient died as a result of the malpractice, you should call our firm as soon as possible. There are more complicated rules for minors and victims of wrongful death.
As is usually the case in personal injury, the sooner you speak with an attorney, the better.
How Much Will I Receive I Win My Medical Malpractice Case?
This is one of the main questions we get as medical malpractice lawyers in Memphis. Unfortunately, there’s no set answer.
In fact, we don’t usually give estimates even after we’ve heard all the details of your case. There’s just always so many variables that can affect the outcome.
But one thing we can tell you for sure: we don’t make a single dollar unless and until we win your case. How much we earn is directly tied to how much you win. So it’s in our best interest to get you the highest possible outcome.
Our success is tied to yours, and we take it very seriously.
Will You Try to Settle or Go to Court?
We always start by trying to negotiate an appropriate settlement with the other side’s insurance. This saves everyone time and money and usually gets our clients the best results.
Settlements also save you from the unknown, since it can be hard to predict the outcome in a jury trial.
That said, sometimes the other side is unwilling to negotiate or refuses to offer an amount that is acceptable for the level of damage done. In that situation, we may end up taking the case to court. If that happens, you’ll know about it far in advance. We communicate with you every step of the way, so there aren’t any surprises.
If you receive a settlement offer, discuss it with your attorney. Your strategy on whether or not to accept could make a big difference in how much you win.
The conversations around settlement offers show why it’s so important you have an attorney that you trust is looking out for your best interest at all times.
What Types of Damages Might Be Included in My Claim?
“Damages” refers to what you’ve lost in the process of being injured, and thus what you’re asking the other side to pay. Your medical malpractice lawyer will use your list of damages to build your case and decide its worth.
There are three main types of damages:
The first is special compensatory damages. These refer to every financial loss you suffered. That might include medical bills, missed paychecks from time you had to take off of work, and other expenses related to your injury.
The second type of damages is general compensatory damages. These account for all the non-financial losses you’ve suffered, like pain and suffering, emotional distress, loss of enjoyment of life, disability, and disfigurement.
Lastly, punitive damages are designed to punish the defendant rather than reward the plaintiff. These come up if your case goes to trial. Sometimes the judge or jury feels the behavior was so egregious that there needs to be a strong punishment so it doesn’t happen again.
Common Myths About Medical Malpractice Lawyers
1. Medical Malpractice Lawyers Are Expensive
It’s a common misconception that medical malpractice lawyers cost a lot of money. In reality, you actually won’t pay any money up front. Instead, we work on a contingency basis, which means we don’t get paid unless and until we were in your case for you.
As a result, we shoulder the burden of the investigation and negotiation phase. We research your case, get expert witnesses, and otherwise invest in your success at no cost to you. Whatever we win in the end is directly tied to how much you win. So we’re always trying to get you the best deal possible.
If you decide to work with us as your Memphis medical malpractice team, we’ll talk with you openly at the beginning about how how the payment works and what to expect, so you have the chance to approve.
2. Any Lawyer Can Fit Your Needs
Medical malpractice cases are extremely high stakes and can sometimes be worth a very large sum of money. So it’s critical you choose a lawyer who can do the very best possible job for you. Don’t trust the decision to your buddy or someone you saw on a billboard. Instead, look for someone experienced who has a stellar reputation for getting results.
We often encourage potential clients to think of it like Goldilocks. You don’t want a firm that’s too big to give you the care your case needs and deserves. But you don’t want a firm so small that they don’t have the resources to investigate your claim.
Instead, look for a firm that’s big enough to fight for you and small enough to communicate with you. You should know your attorney, trust their team, and feel included in the process.
Our firm has represented the people of Memphis for over 30 years. During that time, we’ve won multiple awards for client satisfaction. We’ve earned a 5-star rating on Avvo and an A+ from the Better Business Bureau.
But most important to us, our clients refer their friends to us when they need legal help. That’s how we know we’re getting it right.
3. You Can File Your Own Claim the Same Way a Medical Malpractice Lawyer Would
It’s can be just as dangerous and high stakes to represent yourself in civil court as it can be in criminal court. You don’t want to get into legal negotiations like this on your own without an attorney.
Personal injury is not a do-it-yourself situation. In fact, any insurance company is going to pay attention to which attorney you choose. They know who has a track record of success, and they’ll negotiate with you based off of how confident they are in your attorney’s abilities.
To represent yourself would be to show your cards immediately and almost certainly prevent you from getting a serious offer.
Tennessee Medical Malpractice Law
Medical malpractice is a significant concern all over the United States, including in the state of Tennessee. There are specific laws in Tennessee that affect medical malpractice claims. Understanding these laws is crucial for anyone considering filing a medical malpractice lawsuit.
Pre-Suit Notice and Certificate of Good Faith
As mentioned earlier, before filing a lawsuit, a claimant must give each healthcare provider they plan to sue a pre-suit notice at least 60 days before filing the lawsuit. This notice must include several pieces of information, including the claimant’s full name, date of birth, social security number, and a HIPAA compliant medical authorization allowing the healthcare provider to obtain the claimant’s medical records.
In addition to the pre-suit notice, a claimant must also file a Certificate of Good Faith with their complaint. This certificate confirms that the claimant has consulted a qualified expert who believes that there is a valid basis for filing a medical malpractice claim. Failure to file this certificate can result in the dismissal of the case.
Comparative Fault
Tennessee follows a modified comparative fault rule in personal injury cases, including medical malpractice cases. This means that if a claimant is found to be partially at fault for their injuries, their compensation will be reduced by their percentage of fault. For example, if a claimant is found to be 20% at fault for their injuries, their compensation will be reduced by 20%. However, if a claimant is found to be 50% or more at fault, they will not be eligible for any compensation.
Damages Cap
Tennessee has a cap on non-economic damages in medical malpractice cases. Non-economic damages include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. As of my last update, the cap for non-economic damages is $750,000 for most injuries, and $1 million for catastrophic injuries such as paralysis, amputation, or severe burns. However, there is no cap on economic damages, which include compensation for medical expenses, lost wages, and future earning capacity.
Expert Witness Requirement
In Tennessee, medical malpractice cases usually require testimony from an expert witness. This expert must be a healthcare professional who practices in the same specialty as the defendant and must be licensed to practice in Tennessee or a bordering state. The expert must be able to testify that the defendant deviated from the standard of care and that this deviation caused the claimant’s injuries.
Contact a Medical Malpractice Lawyer Memphis TN Trusts
As a medical malpractice lawyer Memphis TN has turned to for their toughest cases, I stand confidently on the words of my satisfied clients. For over three decades, our firm has offered exceptional service for the people of Memphis. We fight for you every step of the way.
We don’t get paid a single penny unless you do, so if we take your case, it’s because we believe in it and want to represent you. You’ll know you have a team on your side that’s dedicated to your success.
Knowing you have a great medical malpractice lawyer in your corner can make all the difference in getting your life back on track.
So if you believe you might have a medical malpractice case, don’t wait to get started. Contact us online today or call us at 901-327-2100.
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