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When
you
see
a
doctor
or
other
health
care
provider,
you
expect
to
receive
competent
professional
care.
Unfortunately,
this
is
not
always
the
case.
Medical
Malpractice
is a
specialized
area
of
law,
and
it
requires
attorneys
with
experience
in
this
specialized
field.
If
you
believe
you
have
been
injured
as
the
result
of
improper
care
provided
by a
doctor,
nurse,
pharmacist,
chiropractor,
therapist,
hospital,
clinic,
nursing
home,
or
any
other
health
care
provider,
we
may
be
able
to
help
you.
The
lawyers
at
Moody,
Whitfield
&
Castellarin,
will
help
you
evaluate
your
case
and
if
they
believe
your
case
has
merit
they
will
fight
for
you
in
court
to
prosecute
your
claim.
Call
us
at
615-356-8130
for
a
consultation
today.
Medical
Malpractice
- An
Overview
When
illness
or
injury
forces
you
to
see
a
physician
or
go
to
the
hospital,
you
can
generally
be
assured
that
the
doctor's
years
of
experience
and
training
will
result
in
excellent
treatment
of
your
ailment.
But
in
truth,
physicians
and
other
health
care
providers
are
only
human
and
as
such,
errors
are
always
possible.
Medical
malpractice
occurs
when
a
negligent
act
or
omission
by a
doctor
or
other
medical
professional
results
in
damage
or
harm
to a
patient.
Negligence
by a
medical
professional
can
include
an
error
in
diagnosis
or
treatment,
a
misfilled
prescription
or a
nurse’s
failure
to
report
symptoms
to a
physician.
If
such
negligence
results
in
injury
to a
patient,
a
case
could
arise
against
the
doctor,
nurse
or
pharmacist
if
his
or
her
actions
deviated
from
generally
accepted
standards
of
practice.
These
cases
also
arise
against
hospitals
and
nursing
homes
for
improper
care,
such
as
problems
with
medications,
sanitation
or
nursing
care;
or
against
local,
state
or
federal
agencies
that
operate
hospital
facilities.
Medical
malpractice
laws
are
designed
to
protect
patients'
rights
to
pursue
compensation
if
they
are
injured
as
the
result
of
negligence.
However,
malpractice
suits
are
often
complex
and
costly
to
win.
While
theoretically,
you
can
seek
compensation
for
any
injury
caused
by
negligence,
regardless
of
its
seriousness,
time
and
money
make
it
unrealistic
to
sue
for
an
injury
that
is
minor
or
resolves
quickly.
Therefore,
if
you
believe
you
have
a
medical
malpractice
claim,
it
is
important
to
consult
with
an
attorney
who
can
help
you
determine
whether
your
claim
is
worth
pursuing.
Theories
of
Liability
in
Malpractice
Cases
Negligence:
Most
medical
malpractice
cases
proceed
under
the
theory
that
a
medical
professional
was
negligent
in
treating
the
patient.
To
establish
medical
negligence,
an
injured
patient,
the
plaintiff,
must
prove:
-
The existence of a duty owed by the health care professional to the plaintiff (for example, a doctor/patient relationship);
-
The applicable standard of care, and the health care professional's deviation from that standard, which is deemed a breach of the duty owed the patient;
-
A causal relationship between the health care professional's deviation from the standard of care and the patient's injury;
-
Injury to the patient.
One
of
the
most
important
aspects
of a
medical
malpractice
action
is
establishing
the
standard
of
care
to
be
applied
to
the
health
care
professional.
Medical
professionals
are
often
heard
to
refer
to
medicine
as
an
art,
rather
than
a
science,
and
although
errors
in
judgment
may
result
in
injury
to a
patient,
not
all
medical
errors
are
actionable
as
negligence.
To
find
a
medical
professional
legally
at
fault,
it
must
be
shown
that
his
or
her
conduct
fell
below
a
generally
accepted
standard
of
medical
care.
To
establish
the
standard
to
be
applied,
a
plaintiff
must
present
the
testimony
of
another
medical
expert,
qualified
in
the
same
area
of
medicine
as
the
defendant,
indicating
what
standard,
or
level
of
care,
is
commonly
met
by
those
recognized
in
the
profession
as
being
competent
and
qualified
to
practice.
The
plaintiff
will
have
to
present
expert
testimony
not
only
as
to
the
applicable
standard
of
care,
but
establishing
that
the
defendant
failed
to
meet
this
standard.
Another
element
of
medical
malpractice
actions,
causation,
is
sometimes
difficult
to
establish.
Specifically,
the
plaintiff
must
show
that
his
or
her
health
care
provider's
deviation
from
the
applicable
standard
of
care
caused
his
or
her
injury.
This
is
challenging
because
sometimes
the
health
care
provider
will
likely
argue
that
the
injury
happened
independently
of
his
or
her
treatment.
Negligent
Prescription
of
Medications
or
Medical
Devices
A
medical
professional
may
be
held
liable
for
the
negligent
prescription
of a
medication
or
medical
device
if
he
or
she
ignored
the
manufacturer's
instructions,
or
prescribed
an
incorrect
medication
or
dosage,
which
resulted
in
injury
to
the
patient.
In
some
cases,
a
pharmaceutical
manufacturer
may
be
liable
where
a
drug
caused
a
patient
injuries,
but
only
if
the
manufacturer
failed
to
warn
of
potential
side
effects
or
dangers
of
the
drug.
In
some
cases
a
pharmacist
who
fills
an
improper
prescription
may
also
be
liable
for
failing
to
question
an
obviously
incorrect
dosage
or
failing
to
recognize
a
possible
drug
interaction.
In
most
cases,
the
prescribing
physician
is
considered
a
"learned
intermediary."
This
means
that
because
of
his
or
her
superior
medical
knowledge,
and
the
fact
that
he
or
she
has
been
given
adequate
information
from
the
manufacturer,
he
or
she
is
in
the
best
position
to
determine
whether
a
particular
drug
or
device
is
appropriate
for
a
patient.
Thus,
the
physician
has
the
primary
duty
of
advising
the
patient
of
the
risks
and
side
effects
of a
medication
or
medical
device
he
or
she
prescribes.
The
pharmacist
is
an
important
safety
valve
who
has
a
responsibility
to
check
the
physicians
before
providing
the
medicine.
Informed
Consent
In
many
situations,
the
failure
to
obtain
a
patient's
"informed
consent"
relative
to a
procedure
or
treatment
is a
form
of
medical
negligence,
and
may
even
give
rise
to a
cause
of
action
for
battery.
Although
the
specific
definition
of
informed
consent
varies
from
state
to
state,
it
means
essentially
that
a
physician
(or
other
medical
provider)
must
comply
with
the
standard
of
practice
in
telling
a
patient
of
the
potential
benefits,
risks,
and
alternatives
involved
in a
surgical
procedure.
Breach
of
Contract
or
Warranty
Although
doctors
very
rarely
promise
specific
results
from
procedures
or
treatments,
in
some
cases
they
do,
and
the
failure
to
produce
the
promised
results
may
give
rise
to
an
action
for
breach
of
contract
or
breach
of
warranty.
For
example,
a
plastic
surgeon
may
promise
a
patient
a
certain
result,
which
result
may
be
judged
more
easily
than
other
types
of
medical
results,
simply
by
viewing
the
patient.
Similarly,
if a
patient
is
not
satisfied
with
the
outcome
of a
procedure,
and
the
physician
had
guaranteed
or
warranted
a
certain
result,
the
patient
may
attempt
to
recover
under
a
theory
of
breach
of
warranty.
Legislation
Affecting
Malpractice
Actions
Many
states
have
passed
legislation
making
it
more
difficult
to
bring
and
prevail
in
medical
malpractice
actions.
In
several
states
today,
physicians
and
hospitals
are
protected
by
legal
limits,
called
"caps,"
on
the
amount
of
damages
and
attorneys'
fees
that
can
be
awarded
in
malpractice
suits.
Tennessee
dies
not
currently
have
a
cap
on
damages
in
medical
malpractice
actions,
except
for
certain
actions
against
physicians
who
are
State
employees.
Also,
most
states
have
a
two-year
time
limit
for
filing
malpractice
actions,
unless
extraordinary
circumstances
affect
the
case.
In
Tennessee,
the
time
limit
is
generally
one
year
from
the
injury,
but
there
are
exceptions
that
can
extend
this
time
limit.
Tennessee
limits
attorney
fees
in
medical
malpractice
actions
to
one
third
of
the
total
recovery.
Potential
Defendants
Medical
malpractice
can
be
committed
by
almost
any
type
of
health
care
professional.
In a
case
where
a
hospital’s
agent
or
employee
commits
malpractice,
the
hospital
itself
may
be
held
liable
under
the
legal
doctrine
of
agency
or "respondeat
superior."
Under
this
theory,
an
employer
may
be
held
liable
for
the
negligent
acts
of
its
employee
if
the
employee
was
acting
within
the
scope
of
his
or
her
employment
when
the
negligent
act
or
omission
occurred.
This
doctrine
is
very
important
to
plaintiffs
in
medical
malpractice
cases,
because
it
helps
ensure
there
will
be a
financially
responsible
party
to
compensate
an
injured
plaintiff.
In
some
situations,
commonly
involving
attending
physicians
working
in
hospitals,
health
care
providers
are
considered
independent
contractors
rather
than
employees.
This
can
make
the
doctrine
of "respondeat
superior"
inapplicable.
What
this
means
is,
if a
doctor
or
other
health
care
professional
is
an
independent
contractor
and
commits
malpractice
while
treating
a
patient
in a
hospital,
the
hospital
will
not
usually
be
held
liable
for
the
doctor's
negligence.
However,
the
hospital
can
be
held
liable
for
its
own
negligence,
for
example,
in
granting
attending
privileges
to
an
unlicensed
or
incompetent
physician.
Conclusion
In
general,
there
are
no
guarantees
of
medical
results.
An
unanticipated
or
unsuccessful
result
from
medical
treatment
or
surgery
does
not,
in
itself,
mean
that
medical
malpractice
has
been
committed.
Nonetheless,
if
you
believe
you
may
have
been
the
victim
of
medical
malpractice,
you
should
meet
with
an
experienced
attorney
as
soon
as
possible
to
discuss
the
facts
of
your
case
and
receive
a
professional
evaluation
of
your
situation.
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