Best Medical Malpractice Lawyers in Clarksville

FAQs

• What is the non-emergency contact number for the local police station in Clarksville, Tennessee?

  For non-emergency situations, you can reach the Clarksville Police Department at 931-552-1011.

• Where can I get a copy of police reports for incidents related to my case in Clarksville, Tennessee?

  To obtain a copy of a police report, you have two options. You can visit the Clarksville Police Department in person at 135 Commerce St, Clarksville, TN 37040, and submit a request there, or you can make a request online by using this link: https://clarksvilletn.govqa.us/WEBAPP/_rs/(S(uavm0lvf34mts4gbwo412tqa))/supporthome.aspx.

• What are the requirements for filing a medical malpractice claim in Clarksville?

  Individuals who wish to bring a medical malpractice lawsuit in Clarksville must follow procedural guidelines under the HCLA (Health Care Liability Act). Claimants must prove a breach of the professional standard of care by healthcare providers and demonstrate various bodily harms resulting from anesthesia, childbirth, misdiagnoses, delayed diagnoses, and surgical errors. Medical malpractice claims should also be submitted within one year from the injury's discovery and three years from the occurrence of the malpractice. However, an exception to the three-year time limit is applicable in cases where foreign objects are inadvertently left inside a patient during a procedure.

• What are some examples of "never events" in Clarksville?

  "Never events" in Clarksville refer to occurrences that should never happen but unfortunately do, resulting in severe and often permanent injury or death. Examples include infants born with cerebral palsy due to negligence during birth and incorrect placement or removal of oxygen tubes, causing brain injury and oxygen deprivation. Other never events include the following:

  • Retention of foreign objects after surgery, such as sponges or instruments
  • Failure of nursing staff to read or misinterpret doctors' orders
  • Surgery performed on the wrong body part
  • Failure to identify and treat hyperbilirubinemia in newborns
  • Negligence in ordering routine tests for detecting or preventing meningitis
  • Lack of a bedside medication that can quickly reverse sedatives

• What should you do if a doctor or other medical professional in Clarksville injures you while they are under the influence of alcohol or drugs?

  You might have a case against a doctor or medical professional in Clarksville if they cause harm to you or a loved one while under the influence of alcohol or drugs. You can also report them by submitting a complaint to the Tennessee Board of Medical Examiners. The TN Department of Health website enables you to file complaints against healthcare facilities or individuals, with details on the complaint review process.

• If you were partly responsible for your Clarksville medical malpractice case, would you still qualify for compensation?

  Clarksville acknowledges the concept of modified comparative fault. This doctrine permits courts to allocate a percentage of blame to each party in a lawsuit, resulting in a reduction of the damage award corresponding to their assigned fault. Clarksville follows a 50% rule, meaning you can only receive compensation if your fault is determined to be 49% or less. For example, if you become ill after taking prescribed medication and the court determines that your illness resulted from a combination of a disclosed allergy and consuming alcohol while on the medication, with the doctor being 60% at fault for the prescription and you being 40% at fault for not following the instructions, you can still receive a portion of damages as your share of fault is below 50%.

• What types of damages are available to you after experiencing a medical malpractice incident in Clarksville?

  After experiencing medical malpractice in Clarksville, you have the opportunity to seek both economic and non-economic damages. Economic damages encompass expenses like medical bills, lost wages, reduced earning potential, and costs related to prescription medications and emergency transportation. Non-economic damages, on the other hand, cover areas such as emotional distress, physical pain and suffering, scarring, disfigurement, and the loss of enjoyment in life. In cases where the defendant's actions were particularly extreme or malicious, the court may also award punitive damages.

• What does a medical malpractice lawyer do?

  Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.
  

• Do I have a medical malpractice case?

  To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

• What are the chances of winning a medical malpractice lawsuit?

  According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

• Is a misdiagnosis suitable for medical malpractice?

  Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

• As a patient, how do I choose a good medical malpractice lawyer?

  Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

• What percentage of a settlement do medical malpractice lawyers get?

  Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

• What’s the statute of limitations on medical malpractice?

  Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

• How do you file a medical malpractice lawsuit?

  Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

• How does a medical malpractice lawsuit work?

  A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

• As a healthcare provider, how do I avoid medical malpractice?

  With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

• What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

  While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.