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1. What is medical malpractice? Medical malpractice is a legal term, which means that a health care provider (doctor, hospital, etc.) failed to meet acceptable professional standards, which caused an injury to the patient.
2. Who can be held responsible for medical malpractice? Any health care provider, including doctors, hospitals, nursing homes, emergency clinics, managed health care plans, nurses, nurses aides, physical therapists, psychologists, chiropractors, podiatrists and others.
3. A poor outcome is not enough. Under Tennessee law, a person who brings a medical malpractice claim must prove three elements of his or her case to be successful:
- the recognized "standard of care" in the profession and specialty in which the medical provider is engaged. This standard of care may vary from one community to another
- the medical provider failed to meet this standard of care; and
- the patient was injured as a direct result of the medical provider's carelessness and failure to meet the standard of care.
4. How is the "standard of care" established? This generally is done by the testimony of an "expert witness," that is, another qualified doctor or medical provider who practices in Tennessee or a nearby state.
5. What if I was not adequately informed of the risks of treatment? A doctor is required to give you complete and accurate information about the known risks associated with treatment before you consent to have it performed. Failure to meet this standard of care may also give rise to a medical malpractice claim if a reasonable person would have refused the medical care had the appropriate risks been described.
6. How long do I have to bring my claim? Generally, you have one year from the date you were injured to file a medical malpractice lawsuit. There are exceptions that may extend the time you have for filing suit. These statute of limitations issues can be very complex, so you should consult an attorney at the earliest possible time about your situation.
7. What am I entitled to receive? If your claim is successful, either through settlement or trial, you generally are entitled to compensation for the following losses, both past and future:
- medical expenses
- lost income
- pain and suffering
- loss of enjoyment of life
- permanent medical impairment.
8. How can I avoid medical malpractice? These are some suggestions to minimize the risk of becoming a victim of medical malpractice:
- Select your professional carefully. Ask relatives, neighbors and friends what they know about the person. If you are referred by another professional, ask the referring professional about the person.
- Ask questions. Many people are hesitant to do this. The professional sometimes seems too busy to bother with routine questions, or appears offended when questions are asked, or may answer your questions with words you don't understand. You have a right to have your questions answered, and a true professional will take the time to explain. If he or she will not take time, go elsewhere.
- Seek a "specialist." While this is hardly a guarantee of good results, it may reduce your risk in some cases.
- Get a second opinion
- Do not be afraid to change professionals, if necessary, to protect your health and safety.
If you think you may have a medical malpractice case, consult with an experienced lawyer who handles these matters.
Claims involving VIOXX®, BEXTRA®, CRESTOR®, and ACCUTANE®
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