Johnson City Medical Malpractice Attorneys
The Haynes Firm Helps When a Trusted Professional Has Let You Down
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.
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, 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.
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 
 Joint Commission Sentinel Event Alert, Issue 51, October 17, 2013.
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.
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.
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.