Can I sue for punitive damages against a Memphis doctor for improper care?

 

A: Most lawsuits against doctors involving patient care fall under the Tennessee Medical Malpractice Act.  Punitive damages are available against Tennessee doctors only when the doctor's conduct is particularly egregious.  While compensatory damages in Tennessee medical malpractice cases compensate an injured person for things like medical bills, lost wages, and pain and suffering, punitive damages exist for the purpose of punishing the wrongdoer.

Under Tennessee law on punitive damages, the doctor must be found to have acted: 1) intentionally, 2) fraudulently, 3) maliciously, or 4) recklessly. For example, if your doctor was under the influence of drugs or alcohol during a procedure, you may be able to prove that his or her conduct was reckless.  Further, the plaintiff must prove the doctor's actions by "clear and convincing" evidence, which is a higher burden of proof than is required to prove ordinary negligence.

Punitive damages play an important role in Tennessee medical malpractice cases. Punitive damages punish reckless doctors and they send a message that reckless conduct will not be tolerated in Tennessee communities.



If have a question about whether you may be entitled to punitive damages in a medical malpractice case, contact one of our experienced Shelby County medical malpractice lawyers today by calling 1-888-470-9143.

Bailey & Greer represents people with medical malpractice claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.



Bailey & Greer represents people with medical malpractice claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.