When a patient is injured or killed by the negligence of a health care provider, there may be a claim for medical malpractice.
A medical malpractice attorney is needed to determine if there may be a claim. The Nashville medical malpractice attorneys at Cummings Manookian have decades of experience. They have evaluated and tried medical malpractice claims in the courtroom across Tennessee. Their cases have defined major elements of the law under Tennessee’s Health Care Liability Act.
What is Medical Malpractice?
Medical malpractice is a negligent act or omission by a health care professional causing injury or harm to a patient. According to the Journal of the American Medical Association (“JAMA”), medical errors are among the leading causes of death in the United States. Studies estimate that every year more than four hundred thousand Americans die as a result of preventable medical malpractice.
Hospital Patients Harmed by Medical Care
Source: New England Journal of Medicine
Deaths Caused By Medical Malpractice Per Year
Source: Journal of Patient Safety
A Medical Malpractice Attorney is often asked; who can be sued for malpractice?
Any licensed health care provider may be sued for medical malpractice. It’s important to seek out an experienced medical malpractice attorney. This includes medical doctors, osteopaths, nurses, residents, physician assistants, chiropractors, pharmacists, hospitals, and others. Essentially, if (1) the individual or entity is required to be certified under State health laws or is regulated by State health laws, and (2) the allegations relate to the provision, or failure to provide, health care services; they may be sued for medical malpractice.
What are common examples of medical malpractice?
Examples of medical errors that may give rise to a malpractice claim in Tennessee include:
- Birth Injuries – Injuries to the baby or mother during or immediately after labor and delivery.
- Hospital Negligence – The hospital’s failure to meet its duty of care to a patient. This can include inadequate training and supervision of its employees or the negligent credentialing of an incompetent or dangerous physician.
- Misdiagnosis – A doctor’s failure to recognize and explore the possible causes for a patient’s symptoms.
- Nursing Negligence – A nurse’s failure to act or respond in the manner in which a reasonable nurse would in the same or similar circumstances.
- Prescription Drug Errors – Where doctors or pharmacists prescribe or fill the wrong medication.
- Surgical errors – Intraoperative errors that harm the patient ranging from wrong site surgery to failure to monitor.
How do I know if I have a claim?
The first step is consulting with an experienced medical malpractice attorney. Medical malpractice actions are costly to bring and notoriously difficult to win. Recent amendments to Tennessee law further tip the scales in favor of health care providers. In determining whether you have a valid claim, it is absolutely imperative to meet with a lawyer. The law firm should have a deep knowledge of this specialized field of law and as well as a proven track record of success.
Choosing a Medical Malpractice Attorney? Choose Cummings Manookian.
In Tennessee, medical malpractice claims are governed by a detailed framework of statutes. These statutes dictate everything from notices to defendants, unconventional statutes of limitations, and what types of experts must be consulted prior to even filing suit. Tennessee law journals are filled with cases of plaintiffs who may have had legitimate claims. Yet there was a failure to comply with the numerous and particularly onerous requirements for medical malpractice claims, thus their cases were outright dismissed. While it’s important to have experienced counsel in any lawsuit, it’s doubly so when you’re contemplating bringing a medical malpractice action.
When you retain Cummings Manookian, you get Brian Cummings and Brian Manookian working directly on your case, not a junior lawyer or paralegal. Brian Cummings is one of less than 20 attorneys in Tennessee who is Board certified in Medical Malpractice by the American Board of Professional Liability Attorneys. He was selected by The American Lawyer for the Best Lawyers in Medical Malpractice award in 2015. He has handled hundreds of medical malpractice cases on behalf of health care providers, and now shares that experience and knowledge with patients who have suffered as a result of medical malpractice. Many of Brian Cummings and Brian Manookian’s appellate medical malpractice cases have helped shape this area of law. Simply put, they don’t just know this field, their work has helped define it.
If you or a loved one are currently struggling with the consequences of medical malpractice, contact the experienced medical malpractice attorneys at Cummings Manookian for a free and confidential consultation. If we accept your case, we will advance all costs while working on a contingency fee basis. You won’t pay us anything unless and until there is a settlement or judgment in your favor. Contact us today to discuss how our involvement can improve your chances at securing a maximum recovery in this very technical, detailed, and challenging area of law.