Only 742 medical malpractice lawyers out of the 23,336 attorneys practicing law in the state of Tennessee will file medical malpractice lawsuits against health care providers.
Medical malpractice occurs when a doctor, therapist, or surgeon breaches the standard of care demonstrated by a medical expert in a Tennessee courtroom. Your health care provider is not guilty of malpractice if you or your loved one suffered one of the known complications of a surgical procedure or pharmaceutical.
The medical malpractice attorneys at The Haynes Firm are some of those that help victims of medical negligence seek compensation for their injuries. After initially discussing your case, we will discuss what negligence caused your injury or injuries and how to go about seeking compensation against those liable.
With the help of your medical malpractice attorney, you will be able to file a medical complaint against your doctor through the Tennessee licensing board. Many malpractices cases are based on:
• Failure to diagnose
• Lack of informed consent
• Failure to follow protocol
• Defective products
Damages recovered from medical malpractice lawsuits include:
• Wrongful death, pain and suffering, and loss of livelihood
• Medical expenses as a result of the malpractice
• Punitive damages against a physician or medical facility
Medical Malpractice Litigation
Your medical malpractice claim must be filed within one year of the diagnosis of your injuries followed immediately by an affidavit of merit. The certificate of merit offers proof that medical malpractice occurred. Your certificate of merit must be signed by a physician. If your attorney took your case on contingency, your personal injury attorney may pay the health care provider for the affidavit of merit. The prima facie case presented in your offer of proof may get you into a medical malpractice settlement. A physician's insurance company may want to settle your case rather than engage in costly litigation.
If you suffered complications from medication prescribed for you that the Food and Drug Administration later took off the market, your case is a product liability lawsuit, not a medical malpractice lawsuit. Similarly, if you suffered complications from a product like surgical mesh which was later found defective and recalled, your medical malpractice complaint arises from your surgeon's good faith use of a defective product.
Class Action Medical Malpractice
Class action product liability lawsuits against drug companies and the manufacturers of defective medical devices are on behalf of many patients who suffered injuries from same products. Product liability lawsuits are based on different negligence statutes, product liability, and breach of contract.
Medical malpractice cases require proof that the defendant owed a duty to the patient which the health care provider breached and that the breach caused the patient's injuries or wrongful death. Class action lawsuits benefit patients with limited financial means to file a medical malpractice lawsuit.
The Haynes Firm
Call or contact our medical malpractice lawyers for a free initial consultation to discuss your medical malpractice complaint. Backed by more than 50 years of legal experience, our zealous personal injury attorneys have achieved multimillion-dollar verdicts for clients throughout the state of Tennessee who have suffered in the hands of doctors, hospitals, and insurance companies.
Contact our firm today for aggressive representation.