When a healthcare professional is negligent in providing care, patients may be able to file medical malpractice lawsuits. An unexpected mistake or complication may not be grounds for a lawsuit, but if a doctor made a careless error that led to your injury, you may be legally entitled to compensation.
A Murfreesboro medical malpractice lawyer could review the circumstances surrounding your case and help determine if you have a valid medical malpractice case. If you do, compassionate personal injury lawyers could help you build your case, evaluate your damages, and negotiate with the defendant for a fair compensation.
Who is Legally Liable in a Medical Malpractice Case?The Tennessee Medical Malpractice Act defines the term medical malpractice as a deviation from the standard medical practice. Medical malpractice may occur when a healthcare worker fails to do what another medical professional in the same field and in a similar circumstance would do and the patient suffers an injury as a result of this negligence.
An injury can take many forms such as:
Determining liability may require the plaintiff to first establish that the medical professional breached the standard of care while providing treatment to the plaintiff. A healthcare professional can be anyone involved in the treatment process. This may include doctors, nurses, specialists, pharmacists, and technicians that provide patient care.
In addition to proving that the doctor or other healthcare provider breached the standard of care, the plaintiff may also have to prove that this breach was the direct cause of the injury. A seasoned Murfreesboro medical malpractice could help an individual prove the healthcare provider breached the standard of care.
Monetary Caps on DamagesThe amount of compensation a plaintiff can receive in a medical malpractice case varies based on the circumstances surrounding the accident. In Tennessee, non-economic damages in medical malpractice cases are capped at $750,000. If the defendant’s malpractice causes injuries such as paralysis, amputation of limbs, and even wrongful death, non-economic damages are capped at $1 million.
Non-economic damages may include compensation for pain and suffering, emotional distress, and the loss of enjoyment of life. Non-economic damages are often viewed as subjective from plaintiff to plaintiff, so it is not easy to place a dollar amount on the total amount that may be recoverable. A medical malpractice lawyer in Murfreesboro could help an injured victim evaluate their damages and pursue an amount that properly compensates their losses.
Deadline to File for Medical InjuriesTennessee mandates that an action for personal injury be filed within one year from the date of the accident, barring certain exceptions. This time limit is known as the statute of limitations and sets a time period from the date an injury occurs or is reasonably discovered to the final date for which a medical malpractice lawsuit can be filed.
If a plaintiff decides to file a lawsuit after the statute of limitations passes, the court may dismiss the case and the plaintiff will be left with no recourse. Additionally, it could be advantageous to file a lawsuit sooner rather than later because as time passes, the evidence that would bolster the plaintiff’s case may become less compelling.
Speak with a Murfreesboro Medical Malpractice AttorneyFiling a medical malpractice claim can be a difficult process and may require the assistance of a skilled Murfreesboro medical malpractice lawyer. An attorney could manage your claim and help you understand your legal rights and options. Call today for a free case evaluation.
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