What is a Medical Malpractice Wrongful Death Action in Tennessee?
If your loved one has died as a result of medical malpractice in the state of Tennessee, you may have the right to recover through the filing of a wrongful death action. Though nothing can bring back the loved one you so tragically lost, a wrongful death suit can help lessen the financial toll of the loss and achieve the justice you and your lost loved one deserve. The following is a list of frequently asked questions concerning the wrongful death- medical malpractice action:
What is a Medical Malpractice Wrongful Death Action in Tennessee?
Wrongful death claims arise when a person dies due to the fault of another person, or a company. There are many types of wrongful death actions, but a medical malpractice wrongful death suit specifically involves the death of a person due to the negligence of a medical professional. Wrongful death can also encompass deaths due to automobile accidents, truck accidents, and motorcycle accidents, among others.
In order to prove a medical malpractice-wrongful death claim, you must show the following: 1) a person has been killed prematurely; 2) the medical professional acted negligently; 3) the negligence caused the person’s death; 4) an eligible survivor brought the wrongful death suit.
Who May File a Medical Malpractice-Wrongful Death Suit?
In Tennessee, people eligible to file a wrongful death suit include:
Immediate family members of the deceased— the spouse, children, and parents of children not yet married.
Financial dependents
Distant family members—under certain circumstances, non-immediate family members may be able to join the suit
What Actions Encompass Medical Malpractice?
Wrongful death-medical malpractice suits can arise from the following:
Delayed or misdiagnosis—when a healthcare professional’s failure to timely or accurately diagnosis a loved one leads to their death, you may have a valid wrongful death action. Some common conditions that can be misdiagnosed, or not diagnosed until it’s too late, include: brain injury; stroke; heart disease; infection; internal bleeding; bacterial meningitis; hypertension; pulmonary embolism. With each of these illnesses or conditions, had the medical professional made an accurate, timely diagnosis, the patient could have been treated or their condition managed.
Medication errors—this includes over or under dosing a patient with medication, leading to their death. These errors can stem from the doctor’s failure to prescribe the correct medication dosage or the nurse’s error in administering the medication at the called for dosage.
Surgical errors—surgical errors occur at alarming rates and are often the cause for medical malpractice lawsuits. When a surgical error or complications from surgery result in the death of a loved one, the family members of the deceased should pursue a wrongful death action. Common surgical errors include: improper administration of anesthesia; damage to internal organs; infections due to poor intra or post-operative care; prolonged surgery; improper surgical technique; and blood clots.
How Long Do I Have to File a Medical Malpractice Wrongful Death Suit?
Generally, you have one year from the date of death within which to file a wrongful death suit. There are some exceptions which a knowledgeable wrongful death accident attorney could advise you.
What Can I Recover in My Medical Malpractice Wrongful Death Action?
Some of the most common damages you may recover for in a wrongful death action involving the death of a loved one due to medical malpractice include:
Loss of love and companionship
Pain and suffering
Medical costs
Funeral expenses
Mental anguish
Lost benefits
General damages
Punitive damages (if intentional, reckless, fraudulent, or malicious conduct is involved)
If You Have Lost a Loved One Due to Medical Malpractice, Greer Injury Lawyers Can Help
If you believe your loved one died due to the negligence of a medical professional or facility, contact the law firm of Greer Injury Lawyers. Following the loss of your loved one, you likely feel afraid and alone. This, however, is no time to be alone. At Greer Injury Lawyers, we will immediately begin investigating your case and determine how we can help you recover monetary damages. Your loved one deserves justice and so do you. Call us today at (888) 470-9143 or locally at (901) 680-9777 for a free consultation.