Medical malpractice injures and kills thousands of people in the United States every year. But what, exactly, is medical malpractice? And, perhaps more importantly, if you’ve been the victim of medical malpractice, where can you turn for help?
At The Haynes Firm, our Johnson City medical malpractice attorneys have decades of experience helping individuals and families seek justice. We have the resources, experience, and tenacity needed to build solid medical malpractice claims—and we are prepared to take viable cases as far as necessary to help ensure justice is served.
If you have been injured or a loved one has been killed through medical malpractice, please call The Haynes Firm at (423) 928-0165 for a FREE case review right away. Our Johnson City medical malpractice attorneys welcome clients from all nearby areas of Tennessee.
In the simplest terms, medical malpractice occurs when a healthcare provider fails to adhere to accepted standards of care and harms a patient as a result. It represents a significant breach in the unspoken contract between healthcare professionals and patients.
Medical malpractice constitutes a clear deviation from the accepted norms and practices in medicine. It’s unlikely to be related to things like unfavorable outcomes or accepted surgical risks. However, when you or someone you love suffers an injury while under the care of a healthcare professional, it’s a good idea to speak with a medical malpractice attorney to learn if you have the right to file a lawsuit.
Medical malpractice is shockingly common in the United States. Studies have found that one in three healthcare practitioners face lawsuits for medical malpractice during their careers. According to the American Medical Association, a majority of these claims are made against general surgeons, OB/GYNs, and standard physicians, but healthcare professionals in all fields can commit malpractice.
Between 2022 and 2023, there were 1,356 medical malpractice claims made in Tennessee. This is significantly lower than California, which saw 5,313 claims made during this same period, but still places our state in the top 20 for the most medical malpractice claims filed. Vermont, the state with the fewest claims, saw only 75 during these two years.
A majority of medical malpractice cases involve injury, but some involve death as well. According to a meta-analysis of available studies conducted by Yale University in 2020, around 22,000 preventable deaths occur due to medical errors every year.
No matter if you are injured or a loved one is killed, however, when your life is impacted by medical malpractice, you have every right to hold the negligent provider to full account for their actions or inaction. The best way to learn more about this option is through a private and complimentary case evaluation with an experienced medical malpractice lawyer.
Cases handled by our experienced Johnson City medical malpractice attorneys include:
Birth injuries occur during childbirth and can affect both the mother and the newborn. Examples include injuries from improper use of birth-assisting tools, failure to perform a cesarean section on time, and not adequately monitoring the baby’s oxygen levels, leading to conditions like cerebral palsy.
Surgical errors can range from operating on the wrong body part to leaving surgical instruments inside a patient’s body. Other examples include performing unnecessary surgery, anesthesia errors, or failing to manage postoperative care properly, leading to infections or other complications.
Hospitals are responsible for providing a standard of care that includes proper patient supervision, maintaining sterile environments, and ensuring their staff is adequately trained and licensed. Hospital negligence can manifest in various ways, such as mismanagement of patient records, insufficient staff leading to inadequate patient care, or failure to follow protocols for patient safety.
These errors can occur when a patient is given the wrong medication or dosage, either due to a prescribing error by the doctor or a dispensing error by the pharmacy. Such mistakes can lead to severe allergic reactions, drug interactions, or overdoses, causing significant harm or even death.
Failure to diagnose an illness or disease—like cancer or meningitis— happens all too frequently in both private practices and hospital settings. This can delay critical treatment, leading to a progression of the disease or condition that could have been managed or cured if correctly diagnosed earlier.
Pediatric medical malpractice occurs when a healthcare provider fails to deliver the standard of care expected in pediatric medicine, resulting in harm to a child. Pediatric patients, due to their unique physiological and developmental characteristics, require specialized care and attention. When this care falls short, it can lead to serious consequences.
Veterans relying on VA medical facilities often face distinct challenges, sometimes encountering substandard care that can result in severe health repercussions. Given the unique health concerns faced by veterans, especially those related to service-related injuries and mental health, the impact of such malpractice can be profound.
Determining whether you have a valid medical malpractice claim involves a careful evaluation of both your injuries and the circumstances leading to them. An experienced medical malpractice attorney can play a key role in this process by:
Given the complexities involved in medical malpractice cases, consulting with our experienced Johnson City medical malpractice attorneys can provide much-needed clarity and direction.
If you believe you have been the victim of medical malpractice, you will want to seek a second opinion. Another healthcare professional will be able to assess your condition, review any treatment you have received, and help you determine if there were errors, oversights, or negligence in your previous treatment.
It is also important to talk to a medical malpractice lawyer as soon as possible. If you do not feel comfortable selecting a doctor for a second opinion, your medical malpractice attorney may be able to help. Equally important, your lawyer can begin to review your claim to determine if there are legal grounds for action.
Keep detailed records of your care. Document your symptoms, what has been said during consultations, which tests were ordered and their results, and the treatments you have been administered. These things can assist your medical malpractice lawyer in building the strongest case on your behalf.
In Tennessee, the statute of limitations for medical negligence claims is generally one year from the date the injury was discovered, but no more than three years from the date of the negligent act (see Tenn. Code § 28-3-104). While there are certain exceptions, including those for minors injured through pediatric malpractice or birth injury, it is always best to consult with an attorney as soon as possible to ensure the best possible outcome.
Proving a medical malpractice claim involves establishing the following elements:
To prove medical malpractice caused your injury, your lawyer will need to conduct a thorough investigation. This may involve gathering and analyzing medical records, working with medical professionals and expert witnesses to identify signs of malpractice, and careful consideration of how Tennessee medical malpractice laws apply to the case.
Without the assistance of a medical malpractice lawyer, the challenge of proving your case will fall to you. This can be a dangerous path to choose. Healthcare professionals are heavily insulated from liability with legal teams and insurance companies ready to protect their interests. Having a lawyer on your side levels the field, providing you the same protections and fighting for the fair and full compensation you are entitled to.
There are two primary forms of compensation sought in medical malpractice claims in Tennessee. Known collectively as “compensatory damages,” these include:
A third type of damages, punitive damages, may be sought under some circumstances. These damages are awarded to punish the negligent healthcare provider and help deter similar behavior in the future by penalizing egregious misconduct or gross negligence.
There is no cap on economic damages in medical malpractice claims in Tennessee. These include medical bills, lost wages, property damage, and anything else with an establishable cost. However, Tennessee does place a cap on non-economic damages in these claims.
For most medical malpractice cases in Tennessee, non-economic damages are capped at $750,000. Non-economic damages refer to the compensation for pain and suffering, emotional distress, loss of enjoyment of life, and similar losses that do not have a direct financial cost.
In cases of catastrophic loss or injury, the cap on non-economic damages is increased to $1,000,000. Catastrophic injuries include conditions such as paralysis due to a spinal cord injury, amputation of a limb, severe burns, or the wrongful death of a parent leaving minor children. These are situations where the victim’s quality of life is significantly and permanently altered, demanding more compensation for the suffering involved.
The podcast, “Dr. Death” chronicles the medical career of neurosurgeon, Dr. Christopher Duntsch. It is a fascinating and frightening story of how a physician somehow made it through medical school and neurosurgical residency without having the skills, know-how, or temperament (among other needed qualities) to properly perform even the most routine neurosurgical procedures. In the short medical career of Dr. Christopher Duntsch, 33 of 37 patients he operated on were either killed or seriously injured.
Dr. Duntsch’s actions were so outside of the recognized level of minimal competency for a neurosurgeon that he was ultimately criminally prosecuted for the injuries he inflicted upon one of his patients. The criminal prosecution of a physician for poor medical care is not unheard of, but the culpability associated with his actions giving rise to his prosecution and ultimate conviction is truly unparalleled.
Malpractice to this extent is extremely—if not singularly—rare. However, when a healthcare provider’s actions are grossly negligent or intentionally harmful, punitive damages may be awarded. It is important (and fortunate) to note that these damages are rarely sought in Tennessee medical malpractice claims.
The cap on punitive damages in medical malpractice cases in Tennessee is generally two times the total amount of compensatory damages awarded or $500,000, whichever is greater. Compensatory damages are the total sum of the economic and non-economic damages awarded.
Oftentimes, people think of medical malpractice claims as being filed against an individual. Indeed, many of these claims are filed against a single person. However, hospitals, clinics, and entire practices can be held liable for medical malpractice under some circumstances.
Generally speaking, to hold a hospital or practice liable for medical malpractice, the negligence must have been committed by an employee. However, if the hospital’s policies or systemic issues allowed for or contributed to malpractice, the facility may also be held responsible. It is important to note that many surgeons and physicians at hospitals are usually contract workers, not employees. Technicians, nurses, and other staff, on the other hand, are typically employees.
To determine liability in a medical malpractice case, all of the parties who may have contributed need to be thoroughly considered.
How much time is required to complete a medical malpractice claim depends on the complexity of the case, the availability of evidence, and the willingness of the parties to negotiate. Stages at which the timeline for resolving a medical malpractice lawsuit may be held up include:
Cases that settle are commonly faster to resolve. When cases go to trial, several additional factors—including court scheduling—can lengthen the process. Cases where the trial verdict is appealed can take more time still. However, generally speaking, most medical malpractice claims in Tennessee are resolved within one to three years.
Medical malpractice has been an area of focus for The Haynes Firm since our inception. We have decades of experience helping victims of negligent healthcare providers get justice. Our firm has secured several significant verdicts and settlements for victims of medical malpractice, but we do not rest on past successes. We give 100 percent to every case we take.
Our award-winning lawyers have experience both in and out of the courtroom, enabling them to take your case in the most appropriate direction. Each case is handled on a contingency basis as well, meaning you don’t pay for our services until a positive outcome is achieved.
The Johnson City medical malpractice attorneys at The Haynes Firm are personally and directly involved in the cases we take, remaining available to provide guidance, education, or simply to listen when you need us. When you are injured through medical negligence, we are here to fight for your rights, provide needed support, and help you seek the total compensation you are due.
If you or a loved one is facing the aftermath of medical malpractice, The Haynes Firm is here to help. Contact us online or call us today to schedule your FREE case review at our Johnson City office. We serve Jonesborough, Cherokee, and all nearby communities. If your injury prevents travel, one of our medical malpractice attorneys can come to you.