Despite our best efforts, some medical conditions are unavoidable. In an effort to get better, we entrust doctors, physicians, and medical professionals to hear our complaints of pain, analyze test results, and properly diagnose and treat us. Sometimes, surgery is necessary. While all surgeries involve risk of injury, sometimes a surgical error causes a patient to suffer harm in the operating room. An area of the law known as medical malpractice serves to protect patients by providing an avenue to recover in the event they are injured as a result of the negligence of doctor, nurse, or medical facility. If you suspect you or a loved one has suffered an injury from a surgical error, contact one of our Memphis surgical malpractice lawyers at Nahon, Saharovich & Trotz to see if you may be able to assert a viable legal claim.Surgical Errors Giving Rise to Medical Malpractice
Medical malpractice claims for surgical errors usually turn on whether the individual performing the surgery failed to follow the appropriate standard of medical care. In general, the appropriate standard is the quality of medical care that a healthcare professional in a similar location, with similar training and experience, would provide under the circumstances. Not all surgical errors constitute medical malpractice, but common examples of surgical errors that may encompass medical malpractice or negligence include:
- Administering an inappropriate amount of medication
- Operating on the wrong body part or patient
- Performing an incision at the wrong location
- Injuring a nerve during surgery
- Failing to obtain informed consent
- Leaving foreign objects in the body
- Failing to treat a complication that arises during the procedure
Each state maintains different laws with respect to medical malpractice. Tennessee’s law, for example, is known as the Tennessee Health Care Liability Act. One important concept is the statute of limitations on your case. Many states, like Tennessee, provide that one must file a personal injury lawsuit against a doctor that committed a surgical error within one year of the date of the injury occurred or should reasonably have been discovered. In Tennessee, an injured victim will need to consult with experts and obtain a Certificate of Good Faith before a lawsuit can be properly filed in court. The surgical malpractice lawyers at our Memphis office understand the technical requirements that must be complied with in order to initiate a patient’s case.
Developing the damages portion of any case is critical, and surgical error lawsuits are no exception. Damages are generally categorized into two different sets: economic damages and non-economic damages. Economic damages include out of pocket expenses, such as past and future medical expenses and loss of income or wages. Non-economic damages encompass items like pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship. Every case is different, and our Memphis surgical malpractice attorneys are sensitive to the legal and personal nuances your situation may present. To help develop the damages portion of your case, it may be necessary to consult with expert witnesses, such as doctors, life care planners, and vocational economists.Consult a Medical Malpractice Lawyer in Memphis for a Free Consultation on Your Case
Medical malpractice cases are often difficult for both the victims and their families. You should realize you are not alone in your fight to claim the compensation you may be entitled to recover under the law. The dedicated medical malpractice attorneys of NST have the experience and resources necessary to fight for your rights. Having recovered over $1 billion for clients in states such as Tennessee, Arkansas, Mississippi, Missouri, and Kentucky, we know how to diligently fight for our clients’ rights. Our legal team has the resources to fully develop your case and pursue all potential theories of recovery on your behalf. To speak with a surgical malpractice attorney in Memphis or beyond, contact our office toll-free at 800-529-4004 or complete our online form. Let us show you why NST is the way to go.