Bednarz & Bednarz, in Hendersonville, Tennessee, represents injury victims and families throughout Tennessee who have been affected by medical malpractice and medical negligence. We are experienced Nashville medical malpractice attorneys who will work diligently to achieve the best possible outcome in your medical malpractice or medical negligence claim.
Recent changes in Tennessee medical malpractice law have made it even more challenging and expensive to win medical malpractice cases, and have made it difficult to find a lawyer for most cases. Many lawyers do not feel qualified to handle these costly and time-consuming cases. Many of our personal injury cases come from referrals from other lawyers.
Medical Mistakes Harm Hundreds of Patients in Nashville, Tennessee Each Year
Medical malpractice, also known as medical negligence, occurs when a healthcare professional, such as an anesthesiologist, doctor, surgeon, or nurse, fails to adhere to the accepted standard of care in their practice. Our medical malpractice lawyers represent injury victims and families whose medical provider has breached the standard of care in diagnosing or treating a medical condition. We handle medical malpractice claims involving:
- Anesthesia errors
- Birth injuries and pregnancy difficulties
- Brain injuries and traumatic brain injuries
- Emergency room errors, delays, and negligent treatment
- Failure to diagnose cancer, heart attack, meningitis, or other illnesses
- Misdiagnosis or late diagnosis
- Medication errors, prescription errors, and pharmacy errors
- Nursing malpractice and nursing negligence
- Obstetrical and gynecological malpractice
- Spinal cord injuries, paraplegia, and quadriplegia
- Back injuries
- Surgical errors
- Hospital malpractice
What qualifies as medical malpractice in Tennessee?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and causes injury to a patient. Examples include surgical errors, delayed diagnoses, medication mistakes, anesthesia errors, and birth injuries.
How do I know if I have a valid malpractice case?
Not every poor medical outcome qualifies as malpractice. A valid case generally requires proof that a doctor or healthcare provider acted negligently and directly caused harm that could have been avoided.
Why are medical malpractice cases difficult to prove?
These cases often require expert medical testimony, extensive record reviews, and evidence showing how another competent provider would have acted differently. Hospitals and insurance companies also aggressively defend malpractice claims.
What damages can I recover in a malpractice lawsuit?
Compensation may include medical expenses, future treatment costs, lost income, pain and suffering, disability, and other financial and emotional losses caused by medical negligence.
How long do I have to file a medical malpractice claim in Tennessee?
Tennessee imposes strict deadlines for medical malpractice claims. Waiting too long may prevent you from recovering compensation, so it’s important to speak with an attorney as soon as possible.
What Evidence Is Important in a Nashville Medical Malpractice Case?
Medical malpractice cases are often built around detailed evidence showing what happened before, during, and after a patient received medical care. Medical records, test results, prescription information, hospital records, treatment notes, imaging studies, and other documentation may help establish the course of treatment and identify where something went wrong.
It may also be important to determine whether the healthcare provider followed the appropriate standard of care and whether a different course of treatment would likely have prevented the injury. Because these questions can involve complicated medical issues, expert review is often an important part of evaluating a Tennessee medical malpractice claim.
How Does Tennessee’s Medical Malpractice Process Work?
Tennessee has specific procedural requirements that apply to many health care liability claims. Before filing a lawsuit, a potential claimant generally must provide written notice to each healthcare provider who will be named as a defendant at least 60 days before the complaint is filed. The notice must meet specific statutory requirements.
In cases where expert testimony is required, Tennessee law also requires a certificate of good faith to be filed with the complaint. This certificate confirms that the attorney has consulted with an appropriate expert who believes there is a good-faith basis for pursuing the claim. Failing to comply with these requirements can have serious consequences for a case.
These rules make it important to have an attorney evaluate a potential claim well before a filing deadline approaches.
What Should I Do If I Suspect Medical Negligence?
If you believe a doctor, hospital, nurse, surgeon, pharmacist, or other healthcare provider may have caused an injury through negligent care, keep copies of medical records and other documents related to your treatment. Write down what you remember about appointments, procedures, symptoms, conversations with medical professionals, and changes in your condition.
You should also avoid assuming that a poor medical outcome automatically means malpractice. Some complications can occur even when appropriate care is provided. A medical malpractice attorney can review the circumstances, identify potential issues, and determine whether additional investigation or expert medical review is appropriate.
Tennessee Medical Malpractice Claims Have Strict Deadlines
Timing can be particularly important in a Tennessee medical malpractice case. Tennessee generally provides a one-year statute of limitations for health care liability actions, subject to specific exceptions. The law also generally places a three-year limit from the date of the negligent act or omission, with certain exceptions, including circumstances involving fraudulent concealment and foreign objects left in the body.
There are additional rules concerning the effect of pre-suit notice on applicable deadlines. Because the timing of a claim can depend on the facts of the individual case, waiting to seek legal advice can create unnecessary risk.
Why Choose an Experienced Nashville Medical Malpractice Attorney?
Medical malpractice cases require more than identifying an unfortunate medical result. The case may involve reviewing extensive medical records, understanding the applicable standard of care, consulting qualified medical experts, determining causation, calculating damages, and complying with Tennessee’s procedural requirements.
At Bednarz & Bednarz, we understand the challenges involved in pursuing healthcare liability claims in Tennessee. If you or a family member has suffered an injury because of suspected medical negligence, our Nashville medical malpractice attorneys can review the circumstances of your case and help you understand your legal options.
Caring, Skilled, and Experienced Medical Malpractice Lawyers in Tennessee
Contact us for skilled representation when you or a family member has been injured due to medical negligence or malpractice. We provide a free initial consultation to all clients, and we are ready and willing to discuss and formulate a plan to resolve your medical malpractice claim.
