While doctors usually enter the field of medicine with the goal of serving others, the reality is that medical practice is a business. Even hospitals operating on a nonprofit basis will seek to maximize resources in every way.
As a result, examinations and procedures may be rushed and patients could be unable to receive the care they need. Medical mistakes are fairly common because of the circumstances of the field, but these errors could have catastrophic results.
When medical professionals fail to meet the reasonable standards of care, the physician or practice should be held accountable for their negligence. A Memphis medical malpractice lawyer can evaluate your situation if you or a loved one suffered harm due to a medical mistake, and then discuss the next steps towards financial recovery. You should not have to file a claim on your own. A personal injury lawyer could help you recover compensation to make up for your losses and provide for future needs. David E. Gordon is ready to fight for your rights and ensure negligent medical providers do not get away with the harm they have caused you or a loved one. En Español
What are the Requirements for Filing a Medical Malpractice Claim?
Medical malpractice cases can be more complicated than other negligence cases for a variety of reasons. One critical difference involves the items required at the start of a case. Someone who has been injured by a medical error must have evidence prepared and ready to submit to the court within 90 days of filing a malpractice claim.
Specifically, Tenn. Code Ann. §29-26-122 requires a “certificate of good faith”, sometimes referred to in Memphis as an affidavit of merit. In this document, a medical expert certifies that the patient has a “good faith basis” to file a claim for malpractice.
To succeed in a medical negligence case, the injured person will need the testimony of an expert witness to demonstrate what the reasonable standard of care should have been and how the caregiver failed to meet that standard. Evidence should show how the failure directly caused the injuries suffered at the defendant’s hand.
This certificate requirement can be a challenge because it requires expert testimony to be collected and prepared early in the proceedings. For the best chance of success, a patient should begin working with a medical malpractice lawyer in Memphis as soon as they discover the error.
Are there Time Limits to Filing a Claim in Memphis?
State law requires a medical malpractice claim to be filed within strict time limits. The deadline is known as the statute of limitations, and it is outlined in Tenn. Code Ann. §29-26-116. An experienced Memphis medical malpractice lawyer is familiar with how the limits apply and can work to ensure that the certificate and all other requirements are prepared before the applicable deadlines.
A health care liability claim must be filed within one year of the error, unless the mistake was not found within that time, then the lawsuit must be filed within one year of the date it was discovered, within three years of the error.
An exception is made for cases where doctors leave a foreign object inside a patient’s body. Such patients have a year from the time they learned or should have learned about the object, with no deadline.
Work with a Dedicated Memphis Medical Malpractice Attorney
A medical malpractice claim cannot repair the damage made by a doctor’s negligence. However, a lawsuit could help offset some of the pain and suffering you endured. Through a legal claim, a Memphis medical malpractice lawyer can also assist you in recovering compensation to provide for future needs such as medical expenses, lost earnings, caregivers, and other factors.
Calling attention to a medical professional’s negligence can prevent others from suffering a similar injury in the future. To learn more about how a malpractice lawyer could help you achieve a successful resolution after a medical mistake turns your life upside-down, call David E. Gordon for a free consultation today.