Chattanooga Medical Malpractice
Dedicated Personal Injury Attorneys Serving Chattanooga
Despite our best efforts to live healthy lifestyles, many of us are afflicted by medical conditions and illnesses. We entrust our doctors and medical professionals to accurately diagnose and appropriately treat our conditions. Medical malpractice occurs when a patient is harmed by a doctor, nurse, or other health care professional who fails to competently perform his or her medical responsibilities. The Chattanooga medical malpractice lawyers of Nahon, Saharovich & Trotz have experience handling complex personal injury cases, and we are ready to speak with you and help protect your legal rights.
What Is a Medical Malpractice Claim?
There are numerous medical facilities in the Chattanooga area where Hamilton County residents seek treatment. Local hospitals include Kindred Hospital, Parkridge Medical Center, CHI Memorial, and those within the Erlanger Health System. For the purposes of a medical malpractice claim, a health care or medical professional can include anyone involved in the treatment process, such as doctors and nurses. The Tennessee Health Care Liability Act establishes the laws regarding malpractice claims within the Volunteer State. The Act defines medical malpractice and establishes temporal limitations on when a patient can commence a lawsuit against a medical provider.
A wide range of situations could lead to a lawsuit for medical negligence or malpractice, including:
- Failing to diagnose a condition such as cancer
- Misdiagnosing a medical condition
- Improper treatment
- Failing to warn a patient of known risks
- Unnecessary surgery
- Premature discharge
- Foreign object left inside a patient
- Surgical errors
To prevail on a medical malpractice claim in Tennessee, a plaintiff must first show that a doctor-patient relationship existed. Second, the plaintiff must show that the medical care provider acted negligently, or acted below the appropriate medical standard of care. The applicable standard of care depends on numerous factors, including the patient’s age and medical history and the generally accepted medical standard in the community. Third, the plaintiff must show that the doctor’s conduct, which may include an affirmative act or omission, caused the injury. Finally, the injury must have resulted in actual damages, which could include wrongful death.
If a doctor or medical provider did not correctly spot warning signs or properly diagnose your condition, you should speak with a medical malpractice lawyer in the Chattanooga area today. Our office has the resources to obtain medical records and consult with expert witnesses to investigate what happened and prove liability. Further, we have trial experience and may be able to file a lawsuit on your behalf. In “med mal” cases that result in an individual passing away or becoming paralyzed, blinded, or otherwise seriously injured or disfigured, victims can recover compensatory damages. For starters, non-economic losses may be recovered, such as loss of enjoyment of life, pain and suffering, and emotional distress. In addition, a plaintiff may recover economic damages, which include past and future medical care expenses, loss of income and future earning capacity, and other financial losses.
Tennessee Statute of Limitations
Tennessee maintains a statute of limitations on medical malpractice claims. This means that an injured party has only a limited amount of time in which it may file a lawsuit against a health care provider. In Tennessee, medical malpractice claims must generally be filed within one year of the date the injury is discovered, but no more than three years after the date the injury actually occurred. Given these time limitations, it is critical to retain an experienced medical malpractice attorney in Chattanooga as soon after the injury as possible. Medical malpractice cases are often complex, and it may take time to evaluate your situation. Our medical negligence lawyers will investigate your claim and, if appropriate, can devise a strategy to fight for you to recover compensation to which you are legally entitled. With over 30 years of experience in this area of the law, we know what it takes to provide the individual attention and dedicated legal representation that you deserve.
Retain Experienced Counsel Today
If you suspect a health care professional’s negligence led to you or a loved one suffering injuries, the dedicated Chattanooga medical malpractice attorneys at Nahon, Saharovich & Trotz are here to help in your time of need. We have already recovered over $1.5 billion for our clients located in communities across Tennessee, Mississippi, Missouri, Kentucky, and Arkansas. In addition to medical malpractice cases, we also handle other personal injury cases, including products liability, auto accidents, nursing home abuse and negligence, and birth injuries. For a free consultation with one of our medical negligence attorneys, call our office toll-free at 800-529-4004 or complete our online form. After speaking with one of our attorneys, you will see why NST is the way to go.