Memphis Medical Malpractice Attorneys Protecting the Rights of Those Injured by Preventable Medical Errors
When Tennessee medical malpractice injures the innocent
The United States understandably has reason to be proud of its healthcare system, which is the best in the world. Our medical professionals, from nurses to surgeons, are some of the best trained, and our hospitals are equipped with the finest equipment available.
When these medical professionals make mistakes in a Tennessee healthcare facility, lives can be shattered, families can be torn apart, and finances can be depleted. The Memphis and Jackson medical malpractice attorneys at Bailey & Greer, PLLC, are here to fight for your right to recover compensation when you have suffered harm at the hands of medical professionals.
What is medical malpractice?
No matter how well trained, healthcare professionals can make preventable medical errors that cause injury, take innocent lives, and cost billions of dollars to the U.S. economy. When these kinds of preventable mistakes occur, the law calls it 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 acts or fails to act in a particular way, and thus breaches the accepted standard of care, it may be considered medical malpractice.
Proving negligence and medical malpractice
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 reasons Tennessee medical malpractice and negligence lawsuits are filed:
- A patient is injured in a way that could 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 or mental condition.
- 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 provider 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.
Common causes of medical malpractice cases
Medical malpractice claims are made for many reasons, but the following are the most likely to end in legal action:
- Delayed diagnosis or misdiagnosis
- Childbirth injuries
- Patient developing an infection (HAIs)
- Medication mistakes, including the over-prescription of opioids
- Anesthesia errors
- Surgical errors, including loss of limb and amputation errors
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.
Safety Ratings for Memphis area Hospitals
Preventable medical errors kill more that 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.
Helping victims of medical negligence throughout West Tennessee
The 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 reach us at 901-475-7434 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.