Nashville Medical Malpractice Lawyers

When we receive medical attention, we place our trust and well-being in the hands of healthcare providers. Despite this trust, serious errors take place in medical facilities every day across the country, leaving patients to cope with unexpected consequences. What should have been a step toward recovery instead becomes the beginning of a more difficult healing journey, marked by complications that weren’t present before treatment began.

Patient victims of medical malpractice often face extended hospital stays, additional surgical procedures, or specialized treatments that weren’t part of their original care plan. For many, this means weeks or months of rehabilitation that delay a return to normal activities.

When medical care results in unanticipated outcomes, patients may have grounds for a medical malpractice claim. These cases demand experience that bridges both medicine and law. Having representation from an attorney with medical training offers a distinct advantage—someone who can interpret medical records with professional insight, understand treatment protocols, and recognize where standards of care may not have been met. This distinct perspective makes our law office the ideal choice for those seeking compensation. Contact us for a free consultation today.

Compensation and Damages in a Medical Malpractice Lawsuit

When a medical malpractice claim is successful, several types of damages may be awarded to address both the economic and non-economic impacts of the negligence. These damages are designed to address specific losses and expenses that result from medical errors.

Medical Expenses

These cover all healthcare costs directly related to the injury caused by the medical error. This includes hospital stays, surgeries, medications, rehabilitation services, and any specialized equipment needed for recovery.

Lost Wages

This compensates for income lost due to the inability to work during recovery. It accounts for both past earnings lost since the incident occurred and potential future earnings if the injury affects long-term employment capacity.

Diminished Earning Capacity

When injuries result in permanent limitations that reduce a person’s ability to earn, this calculation considers the difference between what the patient could have earned without the injury versus what they can earn with their current limitations.

Cost of Ongoing Care

For injuries requiring continuing treatment or assistance. This may include home health aides, future surgeries, physical therapy, or maintenance medications needed because of the medical error.

Non-economic Damages

These address impacts that don’t have specific dollar amounts attached. This includes compensation for physical discomfort, loss of enjoyment of activities, and reduced quality of life resulting from the medical error.

Loss of Consortium

Damages awarded to the partner or family of the injured patient. This recognizes the impact on familial relationships when injury affects the patient’s ability to provide companionship, support, or participation in family life.

Some jurisdictions may limit certain types of damages through statutory caps, particularly for noneconomic damages. The specific damages available and their amounts vary significantly based on state law, the severity of the injury, and the particular circumstances of each case.

Requirements for a Valid Medical Malpractice Claim

To prove a medical malpractice claim, the following factors must be in place:

1. The existence of a doctor and patient relationship.  The patient must have chosen the health care provider to perform treatment, and the doctor must have provided treatment to the patient. A healthcare professional giving bad advice to a patient that they aren’t treating is not considered medical malpractice.
2. It violates a standard of care.  There are medical standards and treatments that are known to be acceptable.  A patient has a right to assume that the doctor or other healthcare personnel will treat them according to this standard of care.  If this standard of care is violated and an injury occurs, the patient has a valid medical malpractice case.
3. Due to medical negligence, the patient suffered an injury.  It must be proved that the healthcare professional violated the standard of care and that the injury was a direct cause of the breach of that standard.
4. The patient suffered significant damages because of this injury.  A patient must be able to prove that their injuries resulted in a permanent or temporary disability, pain, and emotional or physical suffering. Damages can include medical bills, costs of rehabilitation and treatment, and loss of income.

Common Types of Medical Malpractice

Malpractice can occur in many circumstances, but some of the most common forms include:

Surgical Errors

A doctor may make a serious mistake in the operating room while performing surgery. Surgical errors such as operating on the wrong part of the body, puncturing a blood vessel or organ, or even leaving surgical instruments inside the body can happen. Other medical personnel, such as a nurse or an aide, may provide the wrong post-operative care. Improper procedures may be used, or a failure to give the patient proper post-op instructions. These types of mistakes may lead to further complications and injury.

Failure to Diagnose and Misdiagnosis

Failure to diagnose or misdiagnosis is one of the most common medical malpractice complaints. When a doctor fails to diagnose a patient’s condition, severe injury or even death can happen.  A misdiagnosis can result in improper treatment that causes harm, while a failure to diagnose leads to the patient not receiving proper treatment and suffering an injury. To prove negligence in this type of case, it must be proven that the doctor was incompetent and that another doctor in a similar situation would not have made the same mistake.

Childbirth and Labor

A healthcare provider may make serious mistakes in providing prenatal care to a mother-to-be. Errors such as a failure to diagnose preeclampsia, hypoglycemia, anemia, gestational diabetes, or Rh incompatibility can cause harm to the mother and the baby. A doctor may fail to identify ectopic pregnancies, birth defects, or contagious diseases that can be passed to the fetus.

Medical negligence can also happen during childbirth. A doctor can cause injury to the baby or the mother by failing to anticipate complications in the birthing process (such as a tangled-up umbilical cord).  The doctor may not respond to signs of fetal distress or neglect to perform a cesarean section when it was appropriate to do so.

Severe fetal injuries include brain injuries (such as cerebral palsy or seizure disorders), fractured bones, or damage to the nerves that control the hands and arms.  

Anesthesia Mistakes

Mistakes that are performed under anesthesia can be more serious than mistakes performed under surgery. An anesthesiologist error could result in brain damage or even death if these specialists fail to investigate a patient’s medical history or inform the patient of risks involved in not following pre-op instructions. 

Prescription Drug Errors

Prescription drug errors are also a common type of medical malpractice. A patient could be harmed and suffer injury by being prescribed the wrong medication by a doctor, or they could be treated with the wrong medication due to a misdiagnosis. In some cases, the right dosage of a drug is not given.

Defective Medical Products

Medical malpractice can also occur due to defective products such as defibrillators, stents, implants, pumps, or contraceptive devices. There may be a fine line between a product liability claim and medical malpractice. If the medical device manufacturer failed to provide adequate warnings or did not manufacture a safe device, this is product liability and not malpractice. However, if a doctor ignored the warnings or instructions provided by the manufacturer, they can be held liable.

Emergency Rooms

Medical malpractice often happens in emergency rooms, since the standard of care there is different. The ER is prone to long waits, high volumes of patients, and staff shortages. Emergency room personnel can be prone to errors and accidents under these circumstances. Overworked ER professionals can miss critical symptoms and cause serious injury to a patient.

These are the most common forms of medical malpractice that we see, but we can help you determine the best legal course of action after any medical error.

Contact our Medical Malpractice Law Firm

Our personal injury attorneys have counseled numerous patients through the medical malpractice claim process. We understand how complex and confusing a medical malpractice case can be, so our Nashville medical malpractice attorneys are tuned into the needs of our clients and offer caring legal support. Contact us today for a free consultation.

Frequently Asked Questions About Medical Malpractice

How do I know if I have a valid medical malpractice case?

A valid medical malpractice case requires proving that a healthcare provider violated the standard of care, directly causing harm to a patient. An experienced medical malpractice lawyer evaluates medical records, the doctor’s negligence, and the resulting injury to determine if a case meets the legal requirements for a malpractice claim. Because Tennessee law has specific requirements for these cases, consulting a Nashville medical malpractice lawyer is crucial for a precise assessment.

What compensation can be recovered in medical malpractice lawsuits?

Medical malpractice lawsuits can include economic damages like medical charges, lost wages, and costs related to an extended hospital stay. Victims may also recover non-economic damages for mental pain and agony (though these noneconomic damages are capped in Tennessee).

Can I file a wrongful death lawsuit for medical negligence?

Wrongful death claims resulting from medical negligence are nuanced because they involve both malpractice law and wrongful death statutes. While standard malpractice cases focus on a patient’s injuries, wrongful death claims are brought by the patient’s family after a fatal medical error. These cases often involve more extensive damages and emotional factors. Our Nashville medical malpractice lawyers have experience in wrongful death cases and can help families seeking justice for their loved ones.

How to prove that a surgical error caused harm?

Proving that a surgical error indicates malpractice requires establishing that the error deviated from accepted standards during a surgical procedure. Medical malpractice attorneys work with health experts to establish what went wrong and how a competent medical professional would have acted differently. This process may involve reviewing medical records, consulting specialists, and interviewing witnesses who were present during the surgery. Cases involving catastrophic injuries like brain injury require a detailed investigation and expert testimony.