Doctors, surgeons, nurses, and other medical caregivers train for years to become experts in their chosen field. While these people are professionals, some of them do still make mistakes while on the job. If one of these medical mistakes happens to you, the pain could be too much to bear and the impact on your life could be long-lasting. Before filing a legal claim against a medical professional, it is key to determine who was at fault and how the injury occurred. It takes a Board-certified personal injury attorney to properly file this complicated lawsuit. The guidance and support of a Bartlett medical malpractice lawyer like David E. Gordon can make all the difference in the outcome of your case.
Determining the Standard of Care
Unlike other forms of personal injury that typically utilize a “reasonable person” standard to determine what conduct is negligent, medical malpractice claims revolve around the applicable “standard of care.” This is the standard set for the profession and in the particular circumstances that surround the case. The standard of care may be set by many different factors, including:
- The doctor’s profession and any specialized training
- The emergency or planned nature of the medical care
- The warnings of potential complications the patient received
- The requisite skill demanded for the type of medical treatment given
These and many other factors may set the standard of care the medical professional is supposed to follow. Failing to meet this standard might be justification for a lawsuit. A medical malpractice lawyer in Bartlett can provide more information about what is considered a breach of the standard of care.
Common Types of Medical Malpractice Claims
Not every situation involving medical malpractice looks the same and it is not just physicians or surgeons who are on the hook. Whenever a nurse or other medical staff violates the standard of care for their profession, they might also have committed medical negligence of some kind. Medical malpractice lawsuits are common in situations such as:
- Mistakes in anesthesia
- Failure to obtain informed consent prior to a surgery or procedure
- Delays in diagnosis, or failure to diagnose a condition or disease
- Failure to provide proper treatment or utilization of incorrect treatment
- Prescription drug mistakes and interaction issues
- Leaving foreign objects in the body
- Wrong site surgeries
- Harassment, neglect, or abuse of a patient
These significant violations of patient care could be the reason a client is permitted to file a medical malpractice claim. If this has occurred, that person should reach out to qualified legal counsel like David to begin the process of seeking compensation.
Time Limitations in Med/Mal Claims
Tennessee Code § 28-3-104 sets a one-year limitations period on most medical malpractice claims. A case that is not filed within that time period is subject to dismissal by the trial court. Speaking to a Bartlett lawyer after a medical malpractice incident is key to avoiding this potential issue.
Tennessee Code § 29-26-116 codifies the “discovery rule.” If the injury is not discovered within the one-year period, the limitation is one year from the date of the discovery. Regardless of discovery, the action cannot exceed three years from the date the injury occurred—absent any fraudulent concealment by the defendant.
File Your Claim with a Bartlett Medical Malpractice Attorney
Your medical malpractice claim requires a strong presentation of the evidence and a knowledgeable attorney from the Law Office of David E. Gordon to research your case. Proper and thorough investigation into your situation might help reveal a winning strategy to secure compensation. Speak with a Bartlett medical malpractice lawyer to begin your claim.
