A potential claimant should always seek the advice of an attorney without delay.

What is medical malpractice?

Medical malpractice can include: misdiagnosis, improper treatment, and failure to treat delay in treatment, failure to perform appropriate follow-up prescription errors and any other departure from the accepted standards of medical care, health care, or the safety on the part of the health care provider that causes harm to a patient.

Who can be held accountable for medical malpractice?

Generally speaking, a medical malpractice claim may be pursued against those who provide medical or health care to a patient, including physicians, registered nurses, hospitals, dentists, nursing homes and pharmacists. Medical malpractice may be brought against individuals, partnerships, professional associations, and corporations.

What is the first step in pursuing a medical malpractice claim?

The first step would be to determine if you could be the victim of medical malpractice. The second step would be to contact an attorney who is knowledgeable of medical malpractice cases who will review your claim often with medical professionals to determine its viability. This process often involves obtaining and reviewing all pertinent information and medical records. If is becomes obvious that a malpractice claim is justified then written notice must be given to those that are believed to have committed the medical malpractice.

How do I know if I have a good case?

Given the complexity of the medical and legal issues of a medical malpractice case, one who suspects that they or someone they know may have been a victim of medical malpractice should consult a qualified attorney immediately who can, along with the assistance of medical professionals, analyze the merits of one's claim. Due to the statutes of limitations in different states, it is imperative that you seek assistance as soon as possible after the suspected malpractice.

What are the costs involved in pursuing a medical malpractice case?

Some attorneys will agree to handle medical malpractice cases on a contingency fee arrangement. This means that that the attorney will not charge an hourly rate for his or her services, but instead be paid a percentage of the recovery in the event of a settlement or judgment. Tennessee law requires attorneys to hold clients responsible for costs.

How long will it take to pursue a medical malpractice claim?

There is no standard time frame. One should understand from the outset that that a quick resolution cannot be guaranteed. A medical malpractice case, if litigated to trial, could last a number of years. Most cases are settled prior to trial.

What are the time restraints on making a claim?

Generally speaking, a victim of medical malpractice has a limited time period in which they must pursue their claim or be forever barred. In certain instances, such as when a medical profession conceals the incident of malpractice, victims that did not know, and could not have known of the malpractice until sometime after the incident or certain individuals who were a minor at the time the malpractice occurred are allotted additional time under the law to file a suit.

Have I waived my rights because I signed a consent form?

No. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of the stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of the meeting the standard of care associated with such treatment or procedure.

A recent report entitled, "To Err Is Human" was released by the Institute of Medicine, which is part of the National Academy of Sciences, a private organization created by Congress to advise government on scientific matters. According to this report, medical errors are responsible for at least 44,000 deaths each year in the United States and possibly as many as 98,000 each year. This means that more people die from medical mistakes each year than from breast cancer, highway accidents, or AIDS, the report noted. According to the report, medical mistakes occur not only in hospitals but also in day surgery and outpatient clinics, retail pharmacies, nursing homes and home care. The report states that medication errors alone contribute to more than 7,000 deaths annually, exceeding those resulting from workplace injuries. The report cited deficiencies in a number of areas, from illegible writing in medical records to the failure of physicians to regularly retest their competence after receiving their license to practice. The report claims that the Health Care Industry is far behind other high-risk industries, such as the Airline Industry, in its attention to ensuring basic safety. To address these alarming rates of medical mistakes, the report recommends dramatic changes to the health care system to achieve a minimum goal of 50% reduction of medial mistakes within five years. "These stunningly high rates of medical errors resulting in deaths, permanent disability, and unnecessary suffering are simply unacceptable in a medical system that promises to 'do no harm', states William Richardson, Chair of the Committee that wrote the report and President and Chief Executive Officer of the W.K. Kellogg Foundation, Battle Creek, Michigan.

Notice:

Each case is different and different facts may yield a result you would never expect from reading this brief Web page. The information on this Web site cannot replace the careful consideration of personal factors and changes in the law, which may apply to your legal problem. While this information may help you, do not rely on it as the final answer to a legal question.