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What constitutes medical malpractice in Tennessee?


On behalf of The Myers Law Firm PLLC posted in Medical Malpractice on Thursday, July 12, 2018.

We make an appointment with our doctor, make a visit to the emergency room or follow through with a recommended surgery in hopes medical professionals will make us right again. Typically, they do.

But what happens if something goes very, very wrong?

Sometimes, doctors make honest mistakes. Other times, their mistakes rise to the level of negligence. And that's when you need to get some answers.

The term "medical malpractice" can be applied when a negligent act by a doctor, nurse or other person entrusted to provide medical treatment causes harm – not healing – to a person.

Just what is negligence?

Medical negligence can occur when a diagnosis is made in error, when the wrong treatment is provided or when an illness is managed incorrectly.

Medical malpractice laws protect patients and their right to seek compensation if a professional's negligence causes them harm. To prove medical negligence, the injured party must prove:

  1. Injury to the patient.
  2. That a doctor-patient relationship existed.
  3. That a medical professional deviated from the proper standard of care.
  4. A connection between that deviation and the patient's injury.

In addition, a qualified medical expert must testify what the standard of medical care in a particular case is and how the medical professional didn't meet the standard.

If you believe you have been injured by our medical care and that you have a case for medical malpractice, you should consult with an attorney who can go over the particulars of your case and talk about avenues you might pursue. Experienced legal professionals typically can recognize the pros and cons of a medical situation right away.