What Are The Most Common Questions People Have About Tennessee Medical Malpractice Cases?

When facing injuries due to suspected medical malpractice, it can be simply devastating. It can also lead to a significant amount of confusion as to where to turn next. That is why our seasoned medical malpractice attorneys have put together a number of important information in the form of frequently asked questions, to help guide you should you be considering your legal options. These are as follows:

Q: How do I know if I have a medical malpractice case?

A less-than-perfect, or even a bad, result is not necessarily malpractice. Medical professionals can provide excellent care and still have something go wrong. To establish medical malpractice, an expert in the field will have to testify that no reasonable health care provider would have done what your health care provider did. What is reasonable is determined by examining the following:

Available knowledge;
Region where the care took place; and
State of medical practices at the time of the alleged injury.
An expert will also have to establish that your health care provider’s negligence caused injury or death. A doctor can be negligent, and yet not be liable for malpractice if the negligence did not cause injury or death.

Q: What is the “standard of care”?

The medical community defines “standard of care.” It is not defined as premium care or what an expert believes should have been done in hindsight. Standard of care hinges on whether a reasonable health care provider would have done what the doctor in question did, based on the available information at the time of the incident. Standard of care can be defined by an expert’s experience, medical literature, or publications, such as the American Journal of Ophthalmology. Regardless of how standard of care, it must be established through expert testimony.

Q: Is a misdiagnosis malpractice?

Sometimes, but of course, not always. From time to time, doctors make errors in diagnosis. The law does not require doctors to be perfect – it specifically requires them to meet the standard of care by doing what a reasonable doctor would do in the same situation.

Q: Can you sue for what might have happened?

It can be very stressful to find out a particular medical procedure might have resulted in permanent injury or death. However, you cannot sue for what might have happened. If serious injury or death did not occur, you have no damages to sue for.

Q: What expenses should be paid by a medical malpractice settlement?

Every case is unique. However, it is common for the following expenses to be paid if there is evidence to support a case of medical malpractice:

Past, present and future medical expenses for treatment of the injury the medical malpractice caused;
Economic damages, the malpractice caused, such as lost wages; and
Compensation for pain and suffering, e.g. difficulty walking, sleeping, or moving a particular way.
Q: What is a normal settlement amount?

Every case and every injury is different. An experienced attorney can help you evaluate the value of your case. In evaluating your case, your attorney will consider factors such as the following:

Impact on earning capacity;
Impact on daily life;
How a jury may perceive the person alleging malpractice;
How a jury may perceive the accused health care provider; and
The location where the medical malpractice action is filed.
Your attorney can help you evaluate what a sort of settlement you may be entitled to.

Q. How will I pay my attorney?

We handle our malpractice cases on a contingency basis. This means we will collect a percentage of whatever amount we are able to recover on your behalf. We will pay your expenses in advance. Once a settlement is reached, or we obtain a verdict on your behalf at trial, we will deduct the expenses from your settlement/judgment amount. In the event we do not recover anything on your behalf, we will not require you to repay the expenses paid in developing your case.

The highly skilled Tennessee malpractice lawyers at Bailey and Greer, PLLC can provide you with the representation you need if you or a loved one has suffered at the hands of medical professionals. Call us today to request a free initial consultation. Please contact us today to receive your free case evaluation by dialing locally to 901-680-9777 or toll-free to 888-470-9143. At Bailey and Greer, we are small enough to care, big enough to fight, and experienced enough to win.