Let Memphis’ Best Medical Malpractice Lawyers Help You
What is Medical Malpractice?
Medical malpractice, also referred to as medical negligence, is a harmful act or infringement of rights that occurs when a health professional fails to properly execute their duty to a client resulting in injury, illness, or death. Such instances can include failure to properly treat a patient and/or failure to act on the part of doctors, nurses, pharmacists, hospitals, surgical centers, healthcare systems, or any entity that provides medical treatment. Medical malpractice can also consist of:
- An error that caused serious illness or death
- Failure to complete a thorough diagnosis
- Failure to diagnose soon enough
- Accidents that impair or cause harm
- Failure to act properly and according to generally accepted standards of care
We understand that mistakes can happen within the medical profession, and serious errors may occur due to negligence on the part of doctors and other medical staff. Despite the devastating outcomes, some malpractice victims may not seek compensation as many patients are simply unsure whether malpractice has taken place. In other instances, victims may wait too long to consult with a lawyer, forfeiting their right to a just outcome.
Proving Negligence In A Medical Malpractice Case
Malpractice cases can be difficult to pursue. To have grounds for a medical malpractice claim, you must be able to prove all of the following scenarios.
Proof of doctor-patient relationship - This means that you are or were the patient of the doctor you are pursuing for damages.
The doctor acted with negligence - You must prove that the doctor caused you harm in some fashion. This doesn’t include being unhappy with a diagnosis or with a doctor’s bedside manner.
The doctor caused the injury by being negligent - In some cases, this can be difficult to prove. For instance, if a patient begins seeing a doctor for a diagnosis of a terminal illness and subsequently dies during treatment, determining whether or not the cause of death is due to the doctor’s negligence or the illness can be challenging.
A doctor’s negligence lead to damages - As we mentioned, proving that a medical doctor caused a patient harm is a key element to determining whether or not a malpractice suit can be pursued. This applies even if a doctor performed poorly.
Examples of Medical Malpractice
The phrase “medical malpractice” can encompass many different forms of negligence. We work closely with our clients to seek accountability and pursue maximum compensation for their injuries. If you have experienced one of the following types of medical malpractice, contact us today to speak with our Memphis medical malpractice attorneys.
Failure to treat
Failure to monitor
Failure to implement fall precautions
Medical product liability
Surgical errors, including:
Performing an incorrect or unnecessary procedure
Damaging organs, nerves, or tissues during surgery
Administering an incorrect amount of anesthesia
Using non-sterile surgical instruments
Leaving medical equipment inside of the patient
Providing inadequate care after surgery
This list above is not comprehensive, and some cases do not fit into one of these categories. Due to the serious nature of and limited time frame for filing a lawsuit, victims should contact an experienced medical malpractice attorney as quickly as possible. If you are unsure whether your specific situation constitutes malpractice, contact us today to discuss.
Burch, Porter, & Johnson has been helping individuals in Memphis, the Mid South, and West Tennessee for many years pursue damages for medical malpractice claims. Our experienced team of medical malpractice attorneys approaches every case with the most up-to-date knowledge, expertise, and know-how. We’ve helped countless individuals and families come to the best possible outcome for themselves and their loved ones.
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Our firm of expert medical malpractice attorneys has represented plaintiffs in all types of medical and professional malpractice claims, including surgical negligence, failures to diagnose, birth injuries, retained foreign bodies, and medication errors. In 2004, two of the firm’s members represented a plaintiff in obtaining what was believed to be the largest medical practice award in Tennessee history. Let us help you reach a fair resolution to your case.