Memphis Medical Malpractice Attorneys

What is medical malpractice?

Physicians and other medical professionals must perform their work in a way that complies with an acceptable standard of care for their profession and specialty. When a medical professional agrees to treat a patient or has a professional relationship with the patient, the professional owes a duty of care to the patient to provide competent care.

The healthcare provider breaches that duty when the professional fails to act according to the accepted standard of care for his/her specialty or area of healthcare. The medical provider can be held liable for medical malpractice if the breach of the duty of care causes harm or death to the patient.

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How do we prove negligence and medical malpractice in Memphis?

For a medical malpractice lawsuit to be successful, the plaintiff must prove negligence. For example, just because a surgical procedure does not have the desired results, it doesn’t mean negligence has occurred. For a plaintiff to prevail in a medical malpractice claim, they must be able to prove that the negligence of the medical professional was a direct cause of the injury.

Here are the top five general reasons Tennessee medical malpractice and negligence lawsuits are filed:

• A patient is injured in a way that would not have happened if correct procedures had been followed. For instance, tools and sponges have been left inside a person after surgery.
• A patient is harmed during a procedure that required “informed consent.” In other words, the patient wasn’t asked, was not informed properly of the risks, or was not capable of making an informed decision because of age, mental condition, or the approval of a guardian or parent was not obtained.
• A doctor provides a substandard or unaccepted treatment. Examples include prescribing the wrong medication or trying out a treatment that has not been tested.
• Safety procedures are not followed. Every medical facility and healthcare practice operates under specific safety guidelines. When one of these guidelines is ignored and a patient is harmed, negligence may be proved.
• Maintenance of a healthcare facility is substandard. If, for example, a hospital fails to keep a piece of equipment working properly, does not maintain a sterile environment, or assigns inadequately trained personnel to a task, the hospital may be held liable.

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What are the common causes of medical malpractice cases?

Medical malpractice claims are made for many reasons, but the following specific reasons are the most likely to end in a legal action:

• Delayed diagnosis or misdiagnosis. Doctors generally should see patients as promptly as possible, take an oral history, conduct the correct diagnostic tests, read and review those test results correctly, and draw the proper conclusions.
• Childbirth injuries. Common injuries due to medical malpractice include cerebral palsy and brachial plexus injuries.
• Patient developing an infection. Hospital-acquired infections (HAIs) include urinary tract infections (UTI), surgical site infections (SSI), pneumonia, central line-associated bloodstream infections (CLABSI), and ventilator-associated pneumonia (VAP)
• Anesthesia errors. These mistakes include medication overdoses, failure to monitor the patient, adverse drug reactions, failure to administer oxygen properly, and many other mistakes that justify filing a claim against the anesthesiologist.
• Surgical errors. These mistakes can cause many injuries such as loss of limb and amputation errors. There may be some steps you can take to help reduce surgical mistakes.
• Improper administration and monitoring of IVs. Improper IV care can cause phlebitis, air embolisms, infections, and other complications.
• Medication mistakes. These include prescribing the wrong medication, the improper dosage, the improper administration of medications, and other medication errors.

Other reasons medical malpractice claims are filed include:

• Failure to take a complete and proper patient history.
• Communication failures including a failure to listen to the patient.
• Failure to refer the patient to a specialist.

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Can you sue a hospital for misdiagnosis?

Yes. Hospitals are generally liable for the negligence of their employees. They may also be liable for the negligence of any physicians they permit to use their surgery rooms or other facilities.

Can you sue a doctor for misdiagnosis?

Yes. In fact, a misdiagnosis or a delayed diagnosis is one of the most common types of medical malpractice claims. Doctors should be trained in taking oral histories, conducting blood, imaging, and other diagnostic tests, and determining the cause of your medical conditions. A misdiagnosis can mean that the correct treatment is delayed or worse, that the correct treatment can no longer be provided.

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What is the statute of limitations for filing a medical malpractice lawsuit in Tennessee?

The statute of limitations for medical malpractice in Tennessee is one year from the date of injury; however, state law also requires that plaintiffs give medical providers 60 days’ notice before filing a lawsuit. Some additional time limit considerations may apply. The best course of action is to see our Memphis medical malpractice lawyers as soon as you suspect your care was negligent.

What are the safety ratings for Memphis area hospitals?

Preventable medical errors kill more than 200,000 Americans each year and have become the third leading cause of death in the United States. Fortunately, not all hospitals are the same. Leapfrog, a non-profit advocacy group for transparency in healthcare, has created the Hospital Safety Score, which evaluates 2,633 U.S. hospitals and highlights where a hospital is successful and which areas could be improved.

Here are some of the major hospitals serving patients in the Memphis area:

• Methodist Le Bonheur
• Francis Hospital
• Baptist Memorial Hospital-Memphis
• Memphis VA Medical Center
• Regional One Health
• Delta Medical Center

While we all hope that our medical care is safe and effective, everyone is human and humans make mistakes. When medical professionals make these mistakes, our lives are often turned upside down.

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What medical malpractice verdicts and settlements have you obtained?

We demand compensation for all your financial and economic damages. These damages include all your current and future:

• Medical Bills
• Loss of Earning Capacity
• Physical Pain and Suffering
• Mental or Emotional Pain and Suffering
• Disfigurement
• Loss of Ability to Enjoy Life
• Disability
• Loss of Consortium

In certain cases, the victim may also be entitled to recover punitive damages in Tennessee medical malpractice cases.

How long does a medical malpractice lawsuit take?

Medical malpractice claims can take months or even years to resolve. As we’ve discussed, there are many factors involved in a medical malpractice claim that takes time. We need to work with your doctors and/or our own network of doctors to understand your current health condition and correct the mistakes or manage your new condition as best as possible.

We need to consult with medical experts, evaluate all the medical records of your prior healthcare providers, and speak with all relevant witnesses. We need to formally question the healthcare providers to understand their positions.

The investigation and discovery phases of your case are time-consuming. The defendants will also have the right to question you. Our Memphis medical malpractice lawyers understand the necessary balance between moving your case quickly while ensuring that your claim is as strong as possible.

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What is the average settlement for medical malpractice lawsuit?

According to Medscape, about one in three medical malpractice settle before trial. About one in eight medical malpractice cases go to trial.

According to the physicians surveyed, the following results were obtained:

• Settlement or jury verdict of $1 million or more: 4%
• Settlement or jury verdict of $2 million or more: 4%
• Settlement or jury verdict of $500,000 to $1 million or more: 15%
• Settlement or jury verdict of $100,000 to $500,000: 35%

Please see our results page for more information about our successful settlements and verdicts.

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How do I file a medical malpractice lawsuit in Tennessee?

If you are suffering from harm after receiving medical care, your doctors may have committed medical malpractice. If a loved one died due after receiving medical care, the family of the patient may have a medical malpractice claim.

Our seasoned Memphis medical malpractice lawyers are ready to help you understand your rights and the strength of your claim. We’ll review your medical care with physicians knowledgeable in the type of care you received. Based on our discussions with you and these physicians we will discuss your rights. If an agreement is reached between us, we will file a medical malpractice complaint against all the responsible healthcare professionals including hospitals, doctors, and others.

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Is there a malpractice cap in Tennessee?

Yes. Tennessee does have a cap on non-economic damages in medical malpractice lawsuits. Non-economic damages generally include pain and suffering and other personal damages. The caps do not apply to your medical bills and lost income.

Specifically, there is a non-economic injury cap of $750,000.00 for most medical malpractice actions. Cases involving a catastrophic injury such as paralysis or a traumatic brain injury have a non-economic injury cap of one million dollars. Some exceptions and conditions may apply.

Do you have a medical malpractice lawyer near me?

Bailey & Greer, PLLC is located in Memphis and represents people throughout West Tennessee and Little Rock, Arkansas regions. Rest assured, however, that if you are critically injured and unable to come to us, we will travel to visit you in the hospital or rehabilitation center. We also offer virtual conferences and telephone consultations.

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Helping victims of medical negligence throughout West Tennessee

The West Tennessee lawyers at Bailey & Greer, PLLC, provide you with the expertise you need if you or a loved one has suffered at the hands of medical professionals. Call our Memphis and Jackson medical malpractice attorneys today to request a free initial consultation. You can call us or you can complete our contact form to schedule a free consultation. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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Memphis, Tennessee Office

6256 Poplar Avenue
Memphis, TN, 38119

Toll Free: 901-680-9777

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