Dedicated Tennessee Medical Malpractice Lawyers
Medical professionals provide the vital function of treating patients within a reasonable standard of care and competency. Unfortunately, failures to live up to these high standards are a very real and frightening part of the healthcare profession. Just as plumbers, contractors, lawyers, and other service providers are held to a standard of competence and diligence, so too are medical providers. When medical providers fail to adhere to standards of care, avoidable catastrophic injuries can and do occur.
Involved in a situation where a doctor was negligent and caused a patient injury? Call our Johnson City attorneys at
or contact us online today to Schedule your free consultation today.
Our Johnson City medical malpractice lawyers have placed a special focus on assisting victims and families who have suffered as a result of negligent healthcare. For decades, the firm has handled a broad array of malpractice cases, which is of immeasurable value when you must place your trust in a lawyer to handle your case.
What Is Medical Malpractice?
Medical malpractice occurs when negligence on the part of a doctor or another medical professional results in patient injury. Perhaps more than any other area of law, handling medical malpractice cases on behalf of victims in today’s environment requires skill and knowledge that only comes from experience. Medical malpractice is different from other areas of law, and it is essential that your attorney understands how to successfully develop and try medical malpractice cases.
Medical malpractice cases may involve:
- Birth injury, including cerebral or Erb’s palsy, brachial plexus palsy, and other forms of nerve and brain damage
- Surgical mistakes resulting from fatigue, lack of adequate training, and workplace stress; such errors include improperly administering anesthesia, use of improperly sterilized equipment, operation on the wrong body part or patient, and even leaving surgical tools inside a patient’s body after a procedure
- Failure to diagnose and misdiagnosis, errors which can result in patients not receiving timely treatment or receiving the wrong types of treatment
- Hospital negligence occurring when the ways in which the hospital really does business, along with its internal policies and procedures, fail to measure up to the level of care advertised
- Nursing home abuse, such as when residents are subjected to continued verbal, emotional, physical, or sexual abuse; residents may also be forced to live in unclean or unsanitary conditions while being denied proper nourishment or medical attention
- Pharmacy errors occur when the wrong medication is given to a patient by a doctor or a pharmacist; patients are usually unaware they have been given the wrong medication and only become aware once they experience adverse effects
In instances involving medical malpractice, victims deserve to be compensated for their injuries. Unfortunately, doctors, hospitals, and insurance companies are reluctant to admit mistakes, and victims must rely on legal representation to achieve justice.
Examples of Medical Malpractice
There are many other types of medical malpractice settlements that The Haynes Firm has successfully handled, including some less common types of medical malpractice, which are expounded on below.
Pharmacy Negligence Cases
The common denominator among prescription and pharmacy errors is that the patient is almost always left unaware that they are getting the improper medicine or the improper dosage. Injuries from these completely avoidable errors can range from mild to catastrophic. Reasons for these errors run the gamut, but are events that should never happen no matter what the circumstances.
How pharmacy negligence cases happen:
- First, the patient may not receive the medication that their doctor prescribed, possibly resulting in injury.
- Second, the patient may unknowingly be receiving a medication that was not prescribed by their doctor, a medication that could have harmful effects or interact in ways that are harmful to the patient.
- Third, a medication can be dispensed or prescribed at a dosage too large or small for the patient’s needs.
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Wow, 5 stars plus! I don’t know where to start.....in a terrible situation that no one wants to be in I knew right away I was in great hands and could trust them to help me. They are so experienced, honest, hard working and personable. The staff is wonderful also, they are all so professional. Mr. Haynes Jr. made me feel like I was his #1 priority, day or night, via cell phone or email or in person. I really can’t say enough about them but I know if anything else comes up for me I will call them first!
Retained Objects from Surgeries
The most common retained objects from surgery are sponges or pads used in a variety of applications during surgery. While sponges can be small and difficult to keep up with in a messy surgery, medical professional nonetheless must be vigilant to ensure that any sponge that goes in, comes out. While sponges are the most common item left in patients, incredibly, other items such as hemostats, tubing, needles, and other items have been left in patients. Retained surgical items can cause death, physical and emotional harm, and long-term complications.
According to the Joint Commission’s sentinel event database, the most common causes of these incidents are:
- Absence of policies and procedures
- Failure to comply with existing policies and procedures
- Problems with hierarchy and intimidation
- Failure in communication with Physicians
- Failure of staff to communicate relevant patient information
- Inadequate or incomplete education of staff [1]
[1] Joint Commission Sentinel Event Alert, Issue 51, October 17, 2013.
Pediatric Malpractice
Babies and young children often lack the ability to communicate how they are feeling, what hurts, when the pain started, and other information that adults are often able to provide. Often, however, the child will exhibit signs and symptoms that help communicate to an alert provider that something may going on that is serious that could place the child at serious risk of death. A child’s inability to tell the provider what is going on is a major reason that it is absolutely critical that any pediatric medical care provider, whether a nurse, mid-level provider (P.A. or N.P.), or physician, be able to recognize signs and symptoms of potential critical illnesses in children.
Radiological Errors
Radiologists review and interpret x-rays, CTs, MRI, and other radiographic imaging. The physicians that order these diagnostic tests usually rely upon the radiologist to advise whether the patient’s film shows area(s) of suspicion that could represent a serious disease process, broken bones, arterial abnormality, or acute emergency. Most radiologists perform this function in a systematic way that minimizes the chance of a radiological error. Unfortunately, some radiologists fail to invest sufficient time and attention to each film they are responsible for interpreting. Injuries can and do occur when the radiologist fails to review each film thoroughly, keeping in mind that failure to alert the ordering physician to a possible serious abnormality can result in delayed diagnosis, often meaning the difference between a treatable disease and death or serious disability.
Do I Need a Medical Malpractice Lawyer?
Malpractice lawsuits are much different than personal injury claims for a number of reasons. In the state of Tennessee, there are various laws that are required for any person who files a medical malpractice lawsuit.
The following requirements apply to any individual who is seeking to file a medical malpractice claim:
- An individual must provide written notice of the malpractice claim to each health care provider against which the claim is being made
- An expert witness is required in a medical malpractice lawsuit for an affidavit of merit
If you believe that you have grounds for a medical malpractice lawsuit, contact The Haynes Firm for dedicated and experienced representation.
Tennessee Medical Malpractice Statute of Limitations
In every state, there is a time limit called the “statute of limitations” that governs the amount of time a claim can be filed for an injured party. In Tennessee, the medical malpractice statute of limitations requires that a case be advanced within one year from the day the injury occurred or within one year of the day when the injury was or should have been discovered.
Medical Malpractice Settlements in Tennessee
After a medical malpractice claim has been filed in accordance with the statute of limitations, the case may result in a trial or a settlement. Tennessee places a “cap” on damages related to medical malpractice, even if an injured party has gone through the process of a successful malpractice claim. Non-economic damages are limited to $750,000 for all types of malpractice except for catastrophic injuries. Catastrophic injuries are capped at $1 million settlements.
Contact Us for Help with Your Claim
We understand the financial and emotional hardships that medical malpractice injuries can cause, and we are committed to holding those responsible accountable. We take the time to understand the specifics of your case and work closely with you toward a successful resolution.
Our Johnson City medical malpractice attorneys have placed a special focus on assisting victims and families who have suffered as a result of negligent healthcare. For decades, our firm has handled a broad array of malpractice cases, which is of immeasurable value when you must place your trust in a lawyer to handle your case.
What Is the Difference Between Medical Malpractice and Medical Negligence?
In Tennessee, “medical negligence” may refer to any failure on the part of a healthcare provider to meet the standard of care in their profession. Essentially, this means that they failed to act in a manner consistent with what a reasonable medical professional would have done in a similar situation. Sometimes this goes unnoticed. Sometimes it leads to harm.
When medical negligence harms the patient, the provider may have committed medical malpractice, a type of negligence involving a formal legal claim brought against the provider. In other words, all medical malpractice claims involve medical negligence, but not every instance of negligence leads to a malpractice lawsuit.
When you suffer harm at the hands of a healthcare professional, you have every right to hold them accountable and seek compensation for the damages they have caused. The Johnson City medical malpractice lawyers at The Haynes Firm are here to help. If you suspect you have a medical malpractice claim, we can assess your case free of charge to help you determine if you have cause to file a lawsuit.
How Do I Know if I Have a Valid Medical Malpractice Claim?
Four legal elements must be established to determine the validity of a medical malpractice claim in Tennessee:
- The healthcare provider in question had a duty to care for the patient
- The provider breached this duty by failing to provide the accepted standard of care
- The patient suffered harm as a direct result of this breach of care
- The patient has suffered damages—medical expenses, lost wages, pain and suffering, etc.—due to the breach of care
It’s not enough to simply experience a bad outcome. There must be a clear link between the negligence and your injury.
Medical malpractice cases can be incredibly difficult to build. At The Haynes Firm, our experienced Tennessee medical negligence attorneys have nearly 70 years of combined experience investigating these claims to determine their validity. If you suspect you have been the victim of medical malpractice, we encourage you to contact us right away for a complimentary case evaluation where you can learn more about your rights and options.
What Types of Damages Can I Recover in a Medical Malpractice Case?
Three types of damages may be awarded through a medical malpractice lawsuit in Tennessee:
- Economic. This includes tangible and provable expenses such as medical bills, wages lost while taking time away from work to recover, any home modifications—such as railing—or adaptive equipment made necessary by the injury, and all other financial losses suffered as a result of the malpractice.
- Non-Economic. This includes issues like pain and suffering, loss of enjoyment, forced changes to lifestyle, and similar issues that, while they do not have a fixed price or create financial losses, have a profound impact on victims of medical malpractice all the same.
- Punitive. Rarely awarded in medical malpractice cases, punitive damages seek to punish particularly reckless or intentionally harmful behavior. These damages focus more on punishing gross negligence than providing a comprehensive source of compensation for victims.
Every medical malpractice claim is different. The best way to learn what your claim may be worth is through a one-on-one consultation with an experienced medical malpractice lawyer.
The Johnson City medical malpractice attorneys at The Haynes Firm can evaluate your damages, taking into account how your injury may continue to impact your financial security and personal happiness, to determine which damages you may be entitled to seek.
Is There a Cap on Damages in Tennessee Medical Malpractice Cases?
Yes, Tennessee caps non-economic and punitive damages in medical malpractice cases. Under most circumstances, non-economic damages are capped at $750,000 in Tennessee, although this amount can be increased to $1 million in cases of catastrophic injury such as SCI, amputation, or severe TBI.
Punitive damages are capped at 2x the total amount of compensatory damages or $500,000, whichever is greater. Compensatory damages are comprised of the economic and non-economic damages awarded. It is extremely rare for punitive damages to be awarded in medical malpractice claims in Tennessee.
How Long Does a Medical Malpractice Lawsuit Typically Take to Resolve?
The length of time it takes to resolve a medical malpractice claim depends on things that are unique to the case. When the issue is straightforward and both sides can come to an agreement, medical malpractice claims can sometimes be settled relatively quickly. When things are contentious or more complex, it can take several years to reach a resolution.
Cases that settle do not take as long as those that end up in court. However, cases that go to trial typically result in more substantial compensation. Although there is a risk there as well: most trials in Tennessee result in favor of healthcare, which means refusing a settlement could result in losing money in the long run.
Which direction is appropriate for your claim? This is something an experienced medical malpractice attorney will help you decide. Making sure to hire a lawyer with proven experience both in settlement negotiations and courtroom proceedings helps to ensure that, no matter which direction is necessary for your claim, you will receive the most effective representation.
The Johnson City medical malpractice lawyers at The Haynes Firm have a long history of securing significant verdicts and settlements for our clients. Recognized for professional excellence by peers and clients alike, our attorneys can handle even the most complex medical malpractice claims, helping victims of negligence seek and obtain the fair compensation they are due.
Is Failure to Inform About Risks a Type of Medical Malpractice?
Yes, in Tennessee, you may have a medical malpractice claim if a doctor fails to inform you about the risks associated with your procedure or treatment. Informed consent requires healthcare professionals to fully explain the potential risks, limitations, and benefits of a procedure, along with alternatives that may be available, to ensure patients can make the best decisions for their needs.
If you would have refused treatment had you been fully informed and suffered harm you were not aware could happen, you may be entitled to pursue damages through a medical malpractice lawsuit. The best way to learn for certain is through a private and confidential consultation with one of the medical malpractice attorneys at our Johnson City office.
Can I Sue a Hospital for Doctor Negligence?
In Tennessee, you may be able to sue a hospital if a doctor employed by the hospital commits malpractice while treating you. Known as vicarious liability, employers in Tennessee can be held liable for their employee’s actions on the job under certain circumstances.
If the doctor was an independent contractor, simply operating with hospital privileges, it is unlikely that the facility or its administrators would be held liable for the doctor’s actions. Many physicians and surgeons work as independent contractors.
Determining the employment status of a healthcare professional is an important step in determining liability for malpractice.
What Happens if Multiple Parties Are Responsible for My Injury?
When multiple parties are responsible for your injuries in a medical malpractice case, you can file claims against each of them. Tennessee follows a modified comparative fault rule, which means that each party is liable for the percentage of harm they caused even when their contribution is smaller.
For example, if a surgeon and a nurse were both negligent in your care, the court would need to determine how much each contributed to your injury. They would each be responsible for the portion of damages attributable to them. This could be 50/50, 70/30, or even 90/10, ensuring each party is held to account for their specific actions.
Types of Cases We Have Handled
Our Firm has been involved in a wide variety of malpractice cases. Some of the cases we have handled include:
- Failure to diagnose Rocky Mountain Spotted Fever
- Failure to diagnose Cauda Equina Syndrome
- Failure to recognize and properly treat pediatric sepsis
- Failure to properly treat stroke and heart attack/acute coronary syndrome
- Failure to diagnose Breast Cancer
- Failure to Diagnose Lung Cancer
- Retained Objects/Sponges/Pads resulting in serious injury
- Failure to diagnose retinal detachment
- Chiropractic Malpractice
- Obstetrical Negligence causing Brain injury/damage to organs
- Birth Injuries due to negligence
- Failure to diagnose testicular torsion
- Nursing home abuse/negligence
- Improperly Filled Prescriptions
- Failure to properly monitor prescriptions
- and many others.
