Hold Medical Professionals Accountable for Negligence
We trust medical professionals, doctors, nurses, and their staff to take proper care and follow protocol when treating our injuries and illnesses. When they fail to adhere to the standards of their profession and this leads to further harm, our rights as patients have been violated. At Bill Easterly & Associates, we understand the stress and emotional pain that can be caused by medical malpractice, and we want to help you fight for justice.
Our medical malpractice attorneys have more than 25 years of collective legal experience in Nashville, TN. We have a team of highly dedicated and passionate lawyers who are proud to advocate on behalf of individuals who have been victimized by the negligence of another through personal injury claims. With personalized and compassionate legal counsel, we have won millions of dollars in settlements for our clients and are prepared to put our experience to work for you.
If you believe that you have been the victim of medical malpractice, don’t give the at-fault medical professional a free pass. Contact the legal team at Bill Easterly & Associates, and we’ll work together to get the compensation you deserve for your injuries. Contact us today at (615) 244-2222 to schedule a free consultation.
What Is Medical Malpractice?
Medical malpractice is not simply a case of a medical provider making a mistake. Medical malpractice is when a healthcare professional provides a patient with a substandard level of care, which results in an injury or the death of the patient. The doctor or medical worker may neglect to give a patient the appropriate course of treatment or omit an appropriate medical action.
Medical regulations may vary from state to state, but the overall standard of care for patients is pretty standard across the board. The standard of care that medical professionals are bound to uphold is meant to keep the patients’ best interests at heart. When attempting to quantify the standard of care in legal terms, there is a simple question that is typically asked of any malpractice case: Would another reasonably skilled health care professional with a similar background and similar level of experience have provided the same care under the same circumstances? If the answer is no, medical malpractice may be at play.
Common Types of Medical Malpractice Cases
Medical malpractice claims can cover a wide variety of negligent medical behavior. Any type of medical situation may fall under the medical malpractice umbrella if a physician or medical professional failed in their duty to provide a proper standard of care and caused an injury as the result of their negligence. Some of the more common types of medical malpractice include:
- Misdiagnoses/Failure to Diagnose
- Birth injuries
- Pharmacy negligence
- Failure to treat
- Failure to diagnose
- Improper medical treatment
- Delayed diagnosis
- Failure to warn of known health risks
- Anesthesia errors
- Surgical errors
- Medication errors
How to Prove Medical Malpractice
Medical professionals are held to high standards of protocol. They must complete years of training through which they learn proper methods of treatment to mitigate health and safety risks to patients. Furthermore, doctors and nurses are also held to the same standards as all people, in that they should adhere to a reasonable duty to avoid endangering others. When any person fails to do so, they are considered negligent.
When a doctor-patient relationship has been established, the doctor becomes responsible for your safe treatment while under his or her care. The first factor that must be proven in a medical malpractice claim is that the medical professional was negligent in their treatment or diagnosis. This means that he or she failed to practice reasonable skill or attention, and his or her procedures deviated from the accepted standard of care.
Furthermore, it must be determined that the negligence of the physician directly or indirectly caused your injury or illness. This can sometimes be difficult to prove, as most claimants were already sick or injured. However, our firm can help analyze your case for evidence and expert testimony to build a strong case that a doctor’s negligence led to your damages.
Compensation for Medical Malpractice in Tennessee
In the state of Tennessee, a victim of medical malpractice is entitled to recover both economic and non-economic damages. Economic damages are reasonably straightforward to calculate and include damages that have specific dollars amounts attached to them. These types of damages may include:
- Current medical expenses
- Future medical expenses
- Lost income
- Loss of earning capacity
Non-economic damages are not as easy to place a dollar amount on. These are damages that are related to mental trauma or anguish. These damages may also include factors that can significantly change a victim’s standard of living, such as being left disfigured or with serious scars. Non- economic damages are a much more subjective category of compensation. Non-economic damages can include the following:
- Pain and suffering
- Emotional distress
- Loss of companionship
Tennessee, like a number of states, has recently decided to place a cap, or a limit, on the amount of non-economic damages that a victim may recover following a medical malpractice case. The cap is $750,000 per medical malpractice claim. That cap can be increased to $1 million in damages if the victim suffered a catastrophic injury as a result of the malpractice. A catastrophic injury may include paralysis, amputation of multiple limbs, and in certain circumstances, wrongful death. The state does not place a cap on the amount a victim may be able to recover for economic damages.
Do Not Wait to File a Medical Malpractice Claim
The state of Tennessee gives victims of medical malpractice a relatively short time frame in which to file a lawsuit. Victims of medical malpractice only have one year to file a suit; that is one year from the date the medical malpractice occurred. In some situations, if a patient did not discover the medical malpractice until later, the one-year clock would start on the day of discovery.
When the statute of limitation deadline passes in any case, the court can dismiss the suit and the victim may be left with no legal recourse for gaining compensation for their injuries.
If you suspect you have been the victim of medical malpractice, it is crucial that you get in touch with an attorney immediately to go over your legal options. There are certain situations where the statute of limitations may be extended, but only an experienced attorney can determine if your situation meets those criteria. It is always best to contact an attorney early on in order to give yourself the best chance possible for a positive outcome.
We’ll Put Our Experience to Work for You
If you have suffered injury or illness because of a negligent medical professional, you deserve to take action. You should not have to shoulder any further financial burdens because a doctor or nurse failed to do his or her job. At Bill Easterly & Associates, our medical malpractice lawyers are dedicated to providing aggressive and personalized legal counsel to people who suffer at the hands of a trusted physician. Don’t let a doctor get away with negligence; let us help you seek the full compensation you deserve!
Contact the experienced medical malpractice attorneys at Bill Easterly & Associates today. Let us review the circumstances of your case and lay out exactly what your legal options are. We can help you navigate your way through the legal process, and we’ll be by your side every step of the way. To find out what we can do for you, contact our office at (615) 244-2222 to schedule your free case evaluation today.