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Medical negligence: When is a medical malpractice claim viable?

| Sep 19, 2018 | Medical Negligence |

Under the medical malpractice law, patients in Tennessee who are suffering the consequences of medical errors can pursue financial relief. However, dissatisfaction with a surgical procedure’s outcome, or if treatment is not as effective as desired, does not necessarily imply malpractice. A viable malpractice claim typically involves negligence in medication dosage, diagnosis, surgical procedures, treatment, aftercare or health management.

For a court to consider a medical malpractice claim, specific factors must be present. Health care professionals have certain standards to which they must adhere, and if they do not provide the proper standard of care, they might find themselves defending against a claim of negligence. If no injuries result from such negligence, the patient will have no claim. However, if it can be proved that an injury resulted that would not have occurred had neglect not been a factor, the claim is likely valid.

However, the plaintiff must also prove that the injury caused by the negligence caused considerable damage. The legal elements to prove negligence include a duty owed to the patient by the medical professional, a breach of that duty, injury resulting from the breach, and subsequent damages. Sometimes, negligence involves acts of omission when the medical professional fails to do something that he or she should have done.

This is a complex field of the law, and victims of presumed medical negligence in Tennessee typically seek the support and guidance of an experienced medical malpractice attorney. A lawyer can assess the viability of a claim, and if there are grounds to file a lawsuit, he or she can work to establish negligence and navigate ensuing legal proceedings. If a claim is successfully presented, the court might enter a monetary judgment to cover economic and noneconomic damages.