What is the definition of medical malpractice?
Medical malpractice, or medical negligence, is when a physician fails to provide their patient with the standard of care that other practitioners in the same field would provide.
Who can be held accountable for medical malpractice?
Medical malpractice can take place during any interaction with a physician. This means that doctors, nurses, EMTs, dentists, anesthesiologists, paramedics, general hospital employees, and the hospital itself can be sued for medical malpractice.
Common cases of medical malpractice stem from:
- Neglect in a hospital's waiting room
- During consultation with a surgeon or by a surgeon's decision to delay necessary surgery
- Negligence in the ambulance at the hands of an EMT or paramedic
- During childbirth
- Failure to diagnose and/or treat a patient's medical condition
- An anesthesiologist administering an improper amount of anesthetic or one that results in an allergic reaction, which can result in wrongful death.
Why are medical malpractice lawsuits difficult to win?
Medical Malpractice lawsuits are far more complicated than other personal injury cases and involve more factors. They can be more difficult to win for a multitude of reasons, including:
- Proving the standard of care and that it was violated
- Providing evidence of a connection between violating the standard of care and damages inflicted
- Medical records may be tampered with when health care provider's suspect a lawsuit is imminent
- Convincing witnesses to testify against their coworkers is an arduous task
- Time limits exist, which restricts the window of time when one may file a medical malpractice case
What should I do if I am injured due to medical malpractice?
If a physician failed to provide you with an adequate standard of care and you have been injured due to their negligence, it is important that you immediately contact an experienced, medical malpractice attorney. Additionally, be certain to restrict discussions of your injury with the health care provider's insurance company or representatives.
What am I entitled to if I have been injured due to medical malpractice?
Damages that can be recovered due to a physician's negligence include:
- Lost wages
- Pain and suffering
- Additional medical expenses
At James R. Omer & Associates, we do not receive any attorney fee if you do not receive payment for your injuries. If you or a loved one has been involved in medical negligence in Nashville, Tennessee due to a physician failing to provide an adequate standard of care, please contact our medical malpractice attorneys PLLC today.