The medical profession is one of the most notable and honorable ones because of the faith people have in the doctors that they will treat them well. Medical practitioners, therefore, are treated with the highest respect, but do you think a medical practitioner is always right in what he says or does? As a matter of fact, research suggests that on average most legal firms receive a minimum of 500 claims every year in Tennessee, and in Nashville medical malpractice is a soaring concern.
What is Medical Malpractice?
When the doctors, physicians, or medical practitioners neglect the patient’s concerns which leads to hazardous situations it is called medical malpractice. It can be defined as something that a patient would not experience if the medical provider has an ordinary skill or when a doctor fails to provide the treatment he or she normally would.
Many cases claim such situations where the individual has not been given the right treatment and has been subject to one of the types of medical malpractice. It can be understood that medical malpractice can be as simple as not offering a convenient bed to the patient or as severe as going wrong in performing open heart surgery.
In the recent past, it has been noticed that Tennessee is also amongst the majority of states in the US after the law is passed for the ‘cap’ or in simple terms the limit of the amount the plaintiff is subject to get from a medical malpractice suit. The cap for non-economic damages in medical malpractice is $750,000 per claim and it can increase to $1 million if the medical provider has made “catastrophic” damage to the patient like paralysis, etc.
Things involved in a medical malpractice case:
A medical malpractice case comes under one of the critical and daunting cases causing a lot of stress to all the parties involved.
- The person who complains is known to be the plaintiff. Sometimes the patient directly complains or the legal attorney represents the patient’s distress, in case the patient is dead the estate attorney or the executor fights the case. Legally anyone who produces a case in the court of law against someone, the person who is suing another or is initiating the suit is called the plaintiff.
- The medical professional or the party being sued is called the defendant. In this case, everyone involved in following the doctor’s or the medical provider’s orders like the nurses or assistants is liable for negligent acts.
- The prevailing party is known to be the one who wins the suit.
- The losing party is the one who is accused and guilty according to the law.
- The fact-finder is the one who gives the final verdict therefore the judge or the jury.
Elements in the case
The four elements must be proven by the patient or the plaintiff for him or her to successfully claim the medical malpractice.
- The medical practitioner was bestowed with a duty
- The medical practitioner breached the standards of care
- The plaintiff suffered an injury due to the breach of duty by a medical practitioner
- The patient incurred loss physically, emotionally, and or financially.
The following are Medical malpractice case scenarios:
- Incorrect diagnosis that lead to catastrophic injuries.
- Errors made during surgery like forgetting the right site or leaving surgical items inside the body.
- Not treating the patient till he or she was cured for instance no follow-up, discharging the patient before treatment completes which lead to irreversible injuries.
- Poor delivery surgery leading to birth injuries which is the most common ones.
- Incorrect drug’s prescription causing fatal reactions in patients.
The plaintiff must use the rights in case the doctors have caused any loss to them which is a preventable medical error due to wrongful action or inaction. Also when the injury satisfies the elements of a medical malpractice claim.