Medical malpractice includes improper
treatment, misdiagnosis, etc. which results in a departure from the accepted
standards of medical care, health care or the safety on the part of health care
providers that caused this harm to a patient.
In a medical malpractice action, a
claim may be proceeded against those who provide medical or health care to a
patient, including physicians, nurses, hospitals, dentists, nursing homes and
pharmacists. Medical malpractice actions may be brought against individuals,
partnerships, professional associations and corporations.
The first step is to determine if you
have a medical malpractice claim. This process involves getting all pertinent
information and medical records to determine if there was a breach of the
standard of care. It will be necessary to obtain a qualified expert to render an
opinion as to a breach of the standard of care before filing suit. It is
important that you contact an attorney immediately when you suspect you may be
the victim of a medical malpractice action. Medical malpractice actions are very
complex and require the assistance of medical professionals to analyze the
merits of the claim.
We handle medical malpractice actions
on a contingency fee arrangement. This means we do not charge an hourly rate for
our attorneys fees but instead are paid a percentage of recovery in the event of
a settlement or judgment. Tennessee law requires the client is responsible for
all costs which include: expert fees, deposition expenses, travel expenses,
court costs, etc.
Most patients sign a consent from prior
to surgery. The signing of this form does not wave your cause of action against
the medical provider. Rather, the consent form typically indicates an
acknowledgment of the stated risk and complications associated with the
treatment or procedure. It does not relieve the health care provider from his
duty to meet the standard of care associated with the treatment or procedure.