Medical Malpractice Questions and Answers

In Tennessee, victims of medical malpractice can seek two main types of damages: economic and non-economic.

• Economic damages cover tangible losses such as medical expenses, lost income, costs for rehabilitation, and decreased earning capacity. These expenses can be calculated based on both your current and projected future expenses and are not capped by the state. This means you can seek dollar-for-dollar compensation for these specific damages.
• Non-economic damages are for intangible losses like pain and suffering, loss of enjoyment of life, permanent disability or disfigurement, and loss of consortium. Because there is no establishable cost, it can be much harder to determine the worth of non-economic damages, but even if it were simple, they are capped at $750,000 in most cases.

While non-economic damages are capped in Tennessee, if the malpractice results in catastrophic injuries, such as paralysis or the wrongful death of the parent of a minor child, this cap may be increased to $1 million at the discretion of the court.

Determining the worth of your medical malpractice claim is seldom cut-and-dry. Several considerations must be taken into account, including how your injury will impact your life and livelihood in the long term. During your FREE case review at our Johnson City office, we will give you the time you need to detail your experiences, carefully review your medical documentation, and help you determine which damages you may be entitled to seek.

In Tennessee, you can file a medical malpractice claim for the misdiagnosis of a serious or deadly disease or illness. However, the bar for determining if a misdiagnosis was malpractice is fairly high.

When it comes to medical malpractice claims for failure to diagnose, delayed diagnosis, or misdiagnosis, it’s absolutely essential to prove that the healthcare provider failed to offer the standard of care expected in similar circumstances and that their failure resulted in your harm. This may include things such as failing to order the appropriate tests, ignoring your symptoms, or failing to treat your condition with the gravity it deserves.

The medical malpractice attorneys at The Haynes Firm have helped clients receive fair compensation following the failure to diagnose several illnesses and diseases, including

Rocky Mountain Spotted Fever, cauda equina syndrome, pediatric sepsis, multiple types of cancer, and much more. We have the resources and experience necessary to identify misdiagnosis, and the drive to take these claims as far as needed in our pursuit of justice.

Expert witnesses play an essential role in Tennessee medical malpractice cases. They are typically healthcare professionals who provide specialized knowledge to help the court understand the medical aspects of the case. These experts can offer opinions on whether the standard of care was breached and if this breach caused your injury. Their testimony is vital in establishing the liability of the healthcare provider.

The type of witness needed may be dependent on the specifics of your case. They can include nurses, doctors, billing and coding specialists, and others who can identify malpractice and offer insight into the cause of your injury. In our firm’s decades of experience, we have developed strong relationships with several expert medical malpractice witnesses, enabling us to draw on the right professionals for every case.

Medical malpractice and medical negligence are often used interchangeably, but they can have distinct legal meanings. Irrespective of their definitions, both can lead to serious and lasting harm, and demand the attention of an experienced attorney.

Medical malpractice often refers to a healthcare provider’s failure to meet the “standard of care”—a legal term referring to the degree of care a reasonable person would provide under similar circumstances—resulting in serious or fatal harm. This might involve a conscious act, a careless oversight, or an easily avoidable omission in your treatment. Medical negligence, on the other hand, may refer to injuries that occur inadvertently.

No matter if your injury is the result of negligence or malpractice, you have every right to hold the responsible party to full account. During your cost- and obligation-free consultation, we will review the specifics of your case to help you determine what may have led to your injury.

In Tennessee, you can sue a hospital for medical malpractice for administrative failures such as inadequate staff training or insufficient verification of a doctor’s qualifications. You may also be entitled to file suit against a hospital if employees, like nurses, lab technicians, paramedics, or on-site pharmacists commit malpractice while working.

It is important to remember that many doctors, surgeons, and medical professionals are actually independent contractors who practice at the hospital under permission, but not as employees. In these cases, a lawsuit against the individual practitioner is likely required.

Even under the most favorable circumstances, medical malpractice claims can be extremely difficult to win. A twenty-year study reported by the National Institutes of Health found that healthcare providers prevail in a majority of medical malpractice cases.

When evidence is weak, doctors win approximately 9 out of 10 medical malpractice cases. Even when a case is relatively strong, doctors prevail in as many as 7 out of 10. Building a strong and compelling case that can withstand trial—if necessary—is one of the biggest challenges facing medical malpractice cases in Tennessee.  Your choice of law firm will play a direct role in the success of your case, making it important that you choose an attorney with the resources and tenacity to win.

The Johnson City medical malpractice lawyers at our firm have decades of experience handling these cases and a proven track record of winning them. We have secured multiple four-, five-, and even six-figure settlements for victims of negligent doctors, nurses, and more, and are fully dedicated to taking these claims as far as needed in our pursuit of fair compensation.

Our lawyers have been awarded several distinctions—including recognition among the Top 100 Trial Lawyers in the nation—and have earned their reputation as skilled negotiators and litigators. During your complimentary consultation, we will review the details of your claim, discuss its likelihood of going to trial, and help you understand how best to seek the full compensation you deserve.