Medical malpractice claims require proving that the victim suffered an injury or harm as a result of medical negligence. Medical malpractice suits can become highly technical and complicated, as they involve both legal and medical questions that must be addressed. Proving that medical errors cross the threshold from an acceptable mistake to a negligent deviation from the accepted standard of care for a medical professional.
Winning your medical malpractice lawsuit requires considerable evidence, including testimony from medical experts. Working with an experienced Knoxville personal injury lawyer, one who understands how to construct a case demonstrating how your care provider’s treatment fell negligently short of the norm, is your best chance of securing a fair settlement.
The legal elements of a medical malpractice claim
To prove medical malpractice claims, the victim must establish that all five elements of this legal concept were present in their situation:
- There was an established doctor-patient relationship
- This relationship establishes a duty of care on the part of the medical professional
- The medical care professional failed to deliver the accepted standard of care when evaluating a patient in your situation, presenting your symptoms
- Their deviation from the accepted level of care caused you direct harm
- You suffered financial losses because of this harm
While we often refer to a “doctor” in the context of medical malpractice, malpractice can be committed by any member of the medical community, including nurses, CNAs, and anesthesiologists. Hospitals and healthcare complexes can also be named as defendants in malpractice claims.
Compensation is available in a Tennessee medical malpractice claim
The purpose of a medical malpractice lawsuit is to compensate the affected party financially. While there is a chance that the doctor could face criminal charges, it’s unlikely. Often, the only justice hurt patients receive is through the civil courts.
Some losses, like additional medical bills and lost wages from time you missed at work, are fairly easy to quantify. Others are less so. You are entitled to a fair amount of money for your pain and suffering and the emotional trauma you experienced. Your medical malpractice attorney determines a reasonable amount based on how badly you were injured, whether you were permanently disabled, and whether you’re likely to make a full recovery.
Evidence required to prove negligence in malpractice cases
Each element of medical negligence must be proven in an argument based on solid evidence and aspects of Tennessee tort laws.
Doctor-patient relationship
First, your lawyer must demonstrate that you and the medical professional agreed to the treatment. A record of your appointment with the doctor and records showing which care providers treated you (such as a nurse administering a shot) are usually sufficient.
If your malpractice occurred in an emergency, then admitting you to the ER or having EMS show up at the scene of the accident is usually sufficient to establish the doctor-patient relationship.
Your treatment deviated from the accepted level of care
Your medical records play a significant role in proving medical malpractice happened, as these records show your diagnosis, procedures you received, and, in many situations, what you didn’t receive, such as treatments and lab testing.
Expect your lawyer to have you examined by a medical expert or have you evaluated by a specialist. The testimony of experts (licensed doctors, nurses, and other medical professionals) is critical to establishing the accepted standard of care for someone with your health history and symptoms.
Expert witnesses testify as to lab tests that should have been ordered in your situation, typical treatment for your injury, and what factors the diagnosing physician should have considered. If your malpractice claim involves a botched medical procedure, then an expert can explain to a jury how the procedure is supposed to go and then point out the instances where your doctor deviated from protocols.
You suffered harm and financial loss
Your medical records also play a role, showing the initial amount paid for medical treatment and the bills incurred for correcting the medical malpractice. You’re entitled to compensation for all out-of-pocket costs associated with your claim, including mileage to and from getting a second opinion and treatment for the harm you suffered.
Your lawyer may also gather your paycheck stubs, showing the value of time missed at work, and, if you’re injured to the point where you cannot continue in your career, use your earning history to project the loss of future earnings the malpractice caused. Your pain and suffering damages are a factor in your economic losses.
The strength of your evidence and how it supports that all the elements of medical malpractice are present usually determines the outcome of your claim.
Have you suffered harm because you didn’t receive proper treatment from a medical provider? Please contact Bill Hotz & Associates at (865) 582-0042 for a professional review of your medical malpractice case.