Navigating a civil lawsuit is a complicated field of the law and when it comes to expert witnesses, it becomes even more intricate. This was underscored by a medical negligence lawsuit in Tennessee in which a patient claimed that a medical assistant's negligence caused him to fall and break his back. The plaintiff chose a neurosurgeon as an expert witness, but the trial court and the appellate court found the neurosurgeon failed to meet the requirements for being an expert in this case.
Doctors and medical staff in hospitals in Tennessee and across the United States undoubtedly know how to handle the process of delivering babies safely. After all, they received years of training, but lawsuits alleging medical negligence continue to move through the civil courts. According to the Centers for Disease Control and Prevention, more than 50,000 mothers and their newborn babies nationwide suffer birth injuries each year.
Most people in Tennessee and elsewhere experience anxiety in the time leading up to scheduled surgical procedures. When the planned surgery involves the patient's spine, nervous anticipation is often exacerbated because the slightest error or medical negligence by the surgeon could have devastating consequences. One such case in another state led to a lawsuit against a doctor at a facility that deals mostly with spinal disorders.
It is only natural for pregnant mothers to experience anxiety as the time approaches to give birth. The fact that thousands of preventable birth injuries are reported in Tennessee and other states each year does nothing to ease a would-be mother's mind. They might not even consider the fact that, in many cases, the lack of proper care during childbirth cause life-altering or even fatal injuries to mothers.
Most people in Tennessee likely accept the fact that doctors, like anybody else, can make mistakes. However, very few will accept errors that are caused by negligence. If birth injuries are the result of medical negligence, the consequences could affect the child for the rest of his or her life. Even when birth injuries do not cause permanent harm, the idea of causing pain and suffering to a newborn child is unacceptable.
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.
Most mothers-to-be in Tennessee are likely to have mixed feelings about giving birth. There is the anticipation of the joy the baby will bring, but then also the fear that something might go wrong during the birthing process. This fear was justified for a woman in another state who filed a medical malpractice lawsuit after she says she underwent a surgical procedure without anesthesia.
Medical doctors, anesthesiologists, nurses, health care facilities such as hospitals, pharmaceutical companies and other providers of health care can all be held financially responsible for medical malpractice. Parents in Tennessee whose child suffered birth injuries may have grounds to file a claim against the negligent party. While doctors are typically the first to be named as defendants, hospitals can also be held liable -- either directly or vicariously.