Medical Malpractice

Medical malpractice occurs when a patient is injured as a result of medical treatment that falls below the acceptable standard of care within the medical community. Medical Negligence is another term for medical malpractice. Most medical malpractice claims result from one of the following:

• Failure to properly diagnose an injury or condition in a timely manner.
• Failure to provide proper treatment once a diagnosis is made.
• Failure to obtain informed consent prior to a medical procedure.

Medical negligence claims can be asserted against a doctor, hospital, nurse, clinic, chiropractor, dentist, pharmacist, nursing home, or other health care provider.

o prevail in a medical malpractice suit, a patient must prove:

• The recognized and accepted standard of care in the local medical community, or in a similar medical community.
• That the healthcare provider failed to act in accordance with the applicable standard of care (referred to as a violation or "breach" of the standard of care).
• That as a result of the breach of care, the patient suffered an injury or damage that would not have otherwise occurred.

The applicable standard of care, and the breach of that standard, must be proved by expert testimony from a qualified healthcare professional in the same field who has practiced in Tennessee or in a contiguous state within a year immediately preceding the injury. As one might imagine, it can be very difficult to find a competent and credible doctor who is willing to testify against another doctor. And securing such an expert can be very expensive.

Consequently, substantial claims and injuries are often required to make a case economically feasible and worthwhile to pursue.

Our lawyers have access to a wide network of doctors and professionals willing to review cases to determine their merit.

A doctor has a duty to properly explain a medical procedure, including an explanation of the possible risks and side effects, that would enable a patient to make an informed decision about whether to undergo the procedure or not. Remember, though, that consent to a procedure does not mean that a patient consents to having a procedure performed negligently. All patients are entitled to assume that their care will be provided with an appropriate degree of medical skill and judgment.

Under Tennessee law, a victim of medical malpractice generally has one (1) year from the date of injury to file suit, unless the injury is not discovered during that year. In that case, a victim may file suit within one (1) year from the date of discovery, so long as the suit is filed no more than three (3) years from the date of the negligent treatment (unless the provider is engaged in fraudulent concealment). Be mindful, however, that the additional time period is generally for discovery of an injury, not discovery of the doctor's negligence.

Determination of the proper time period for filing suit (referred to as the statute of limitations) can be confusing and complicated. You should contact a lawyer immediately if you believe you have been the victim of medical malpractice or you may risk forfeiting your legal rights.

Our law firm has great respect for healthcare professionals like doctors and nurses. Many of our own friends and family members work in the healthcare field, and we frequently rely on medical experts to help build cases on behalf of our personal injury clients. In short, we take allegations of medical malpractice quite seriously, and we carefully scrutinize claims of negligence very closely.

Most doctors and clinic workers are well-trained, conscientious and caring professionals who do a wonderful job of improving their patient's quality of life. Unfortunately, though, senseless and avoidable injuries do occur. And we believe that when doctors, hospitals, or nursing homes make unjustified and preventable errors resulting in serious injury or even wrongful death, then they should be held accountable under the law just like any other individual who causes an injury or death through a careless or reckless act.

Careful Investigation Into Serious Claims of Medical Malpractice
If you believe that you or a family member was injured due to malpractice, you should seek legal advice regarding the possibility of a medical malpractice lawsuit.

At Patterson Bray, we offer free and confidential consultations in medical malpractice cases, and we take on these cases when we believe we can win the case for our client.

Before agreeing to take on a medical malpractice case, we conduct a careful investigation. We believe this is the right approach to medical malpractice cases for a number of reasons: A frivolous lawsuit hurts everyone involved: the legal system, which is already overburdened; the doctor who is forced to endure unwarranted embarrassment and expense; and the client who wastes his or her time, money, and emotional strength pursuing a cause that is not justified.

When we do accept a medical malpractice case, our client knows that we genuinely believe that their claim has merit. This means that our clients can be absolutely assured that we will be aggressive and fight for the best possible compensation.

We can focus our time and resources effectively, which means our clients receive a high level of service and attention.

By avoiding a reputation for filing questionable lawsuits, we believe we have a greater level of credibility in the legal community, which ultimately benefits our clients.