Patients should be able to trust that their healthcare provider is acting appropriately and providing adequate medical care.
Unfortunately, healthcare providers sometimes act negligently, which means that they do not follow the proper standard of care. When that happens, their patients are at risk for serious injury or even death.
If you were injured or improperly treated by a doctor, nurse, or other medical provider, you may be entitled to compensation. To find out more about the compensation you deserve, contact a Nashville medical malpractice lawyer today.
Understanding Medical Malpractice
Healthcare providers, such as doctors, nurses, physician assistants, and hospitals have a legal obligation to treat patients by certain standards. These standards of medical care dictate how a healthcare provider should treat a patient to avoid harm, or exacerbating the patient’s condition.
When a healthcare provider acts negligently, they break that obligation. Legally, this is known as a breach of duty, or violating the standard of care.
To show that a patient is a victim of medical malpractice, they must prove the provider’s breach of duty was a direct cause of their injury.
For example, if a surgeon fails to sterilize their tools according to standard procedure before an operation, that failure that could be considered negligence.
For this action to be considered medical malpractice, that lack of sterilization must have harmed the patient in some way, like causing them to contract an infection that damaged their internal organs.
The patient must also prove that their injury caused them to suffer damages, or some kind of harm. Such injuries can be best explained by a Nashville medical malpractice attorney, but some common examples of damages include:
Any or all of these damages can seriously strain the injured patient’s finances. In addition to physically recovering from their injuries or illness, malpractice victims often have to pay high medical costs due to their provider’s negligence.
When a healthcare provider behaves negligently or recklessly, their patient should not have to shoulder that burden alone. If an individual believes their medical provider has acted negligently, it is important to contact a medical malpractice lawyer in Nashville immediately.
Financial Compensation
The amount of compensation a patient receives depends on the type of injury or harm they sustained due to the provider’s negligence. Compensation amounts also depend on the patient’s financial burden caused by the injury.
It is important to note that even when a patient’s treatment does not help them, or perhaps hurts them, medical malpractice has not necessarily occurred.
State law allows victims of medical malpractice to sue their healthcare providers. However, the victim must begin that lawsuit within a specified period.
According to Tennessee Code Section 29-26-116, malpractice victims have one year to file their claims in court. Generally, victims must file within three years of the negligent act. An individual can best understand such time constraints after consulting with a Nashville medical malpractice attorney.
Even if medical malpractice occurred, if the victim does not file their lawsuit within these time constraints, then they cannot seek compensation in court for their injuries.
Timing is crucial in medical malpractice cases for this reason. If an individual was hurt due to a healthcare provider’s negligence, it is crucial to contact a Nashville medical malpractice lawyer.
Benefit of a Lawyer
Medical malpractice claims can get very complex, very quickly. An experienced malpractice lawyer will work hard to ensure you get the compensation you deserve for your injuries.
The insurance company has a legal team. You should too.
