Medical Malpractice (Health Care Liability)

December 13, 2011

I Only Have Five Days To Bring My Medical Malpractice Claim and No Lawyer Will Help Me!

I was injured by a medical error almost a year ago and I have been told that I must bring my claim within the next five days or I will lose my rights. I have called lots of lawyers and none of them will even look at my case – they say that it is too close to the deadline. What’s going on?

Medical malpractice cases (indeed, all lawsuits) are serious undertakings. Medical cases in particular require lots of work. Many lawyers simply cannot drop their commitments to other clients to do the level of investigation necessary to undertake a medical malpractice case on short notice.

It is important to talk to a lawyer soon after you believe you have been injured as a result of someone else’s mistake. There are lots of reasons for this – witnesses disappear, evidence disappears, legal rights can be lost, etc. – but in medical malpractice cases it is especially true.

December 8, 2011

Certificate of Good Faith In Tennessee Medical Malpractice Cases

by The Law Offices of John Day, P.C.

I have heard that a "certificate of good faith" must be filed with a medical malpractice lawsuit in Tennessee. What is that?

A "certificate of good faith" is a written promise signed the attorney representing the patient that he or she has consulted with appropriate experts who are qualified to testify under Tennessee law and that there is a good faith basis for a lawsuit. The certificate must be filed with each medical malpractice lawsuit in which expert testimony is required.

As a Tennessee medical malpractice attorney for more than 30 years I strongly recommend that you do not attempt to sue any health care provider without the assistance of a lawyer who is experienced in handling health care liability cases. This is complicated, expensive, time-consuming litigation. You don’t want to do it without a lawyer, and quite frankly you don’t want to hire a lawyer who lacks substantial experience in this type of litigation.

December 7, 2011

Notice of Potential Lawsuit in Tennessee Medical Malpractice Cases

by The Law Offices of John Day, P.C.

I have heard that formal notice must be given to each person who is to be sued in a medical malpractice case. What is that all about?

Usually, a lawsuit is started with the filing of a summons and a complaint. A summons is issued by the court and orders the defendant (the person sued) to respond to the lawsuit. A complaint is a document in which the plaintiff (the person filing the suit) sets of the basic facts and legal theories giving rise to a lawsuit against the defendant.

The health care lobby got a special law enacted that adds a special step to bringing a lawsuit against a health care provider. The law requires that notice must be given to the person who is to be sued. The requirement for giving notice is very strict and I would not recommend that any non-lawyer attempt it on his or her own.

December 6, 2011

Another Operating Room Fire

by The Law Offices of John Day, P.C.

We wrote about fires in the operating room just a few weeks ago. Now, it has happened again, this time to a woman who has having surgery in a Florida operating room.

Our earlier post about operating room fires contained lots of information how the 650 or so operating room fires could be avoided. These incidents are an outrage, and the fact that they continue to occur is an outrage.

If you or a family member are injured in an operating room fire, please contact our office for a free consultation. John Day has been representing Tennessee medical malpractice victims for over 30 years.

November 2, 2011

My Mother Was Given A Drug Overdose In A Nursing Home!

by The Law Offices of John Day, P.C.

My mother was in a nursing home for rehabilitation after hip replacement surgery. She was given a double-dose of blood thinner and had a stroke. Now, she will be in a nursing home the rest of her life. What are her rights?

The answer to those question can be fully answered only after a review of relevant medical records and consultations with one or more doctors and other health care professionals.

An experienced medical malpractice lawyer will want evaluate those records and talk with the health care professionals to confirm that given the extra dose was medical negligence and that it actually caused your mother’s stroke.

November 1, 2011

Fire in the Operating Room Results in Burn Injury

by The Law Offices of John Day, P.C.

My neighbor was burned when she being operated on in a hospital. How did that happen? Can these type of fires be prevented?

Approximately 600 – 650 people are injured each year in operating room fires. Consequences of a surgical fire can be deadly or leave people with horrible pain and disfiguring scars. Fires can occur in any setting where invasive surgical procedures are performed. Experts indicate that the basic principle to remember is that people start most fires, and people can prevent them.

This has been a problem for many years. This article from a 1994 edition of Today’s OR Nurse tells us that (1) Every operating room has the elements necessary to start a fire: oxidants (O2, N2O), ignition sources, and fuel; (2) A team approach, including nursing, anesthesia and surgery members, should be used in assessing fire safety in the operating room; (3) Staff knowledge of fire safety can be assessed by written tests. An appropriate fire safety program can be developed based on the test results; (4) Fire evacuation drills and hands-on use of fire extinguishers should be included in any OR fire safety program. Now, almost 20 years later, fires continue to occur.

September 5, 2011

Trouble Finding a Lawyer in a Medical Malpractice Case

by The Law Offices of John Day, P.C.

I was almost given the wrong medicine by a nurse during a recent hospitalization. Fortunately, my wife was in the room and stopped the nurse before she messed up. The doctor said that if I had taken the medicine I would have died. I am having trouble finding a lawyer to take my case. Why? Like I said, I could have died.

The reason you are having a problem finding a lawyer is that the damage you sustained by reason of the "close call" are so small that it makes no economic sense to bring your case. Pardon me for being so blunt, but lawyers who accept medical malpractice cases on a contingent fee basis must be able to recover sufficient damages to earn a fair fee on the effort they put into a case. As you describe your case, the damages are so small that no lawyer can afford to handle the case.

You might be able to find a lawyer to handle your case if you are willing to pay by the hour, but I would caution you against that. You could easily end up spending thousands of dollars pursing your case and, at the end of the day, have little or nothing to show for it.

July 25, 2011

Army Medical Malpractice

by The Law Offices of John Day, P.C.

I was a victim of medical malpractice in an Army hospital in Tennessee. What are my rights?

There is a process established in the law that permits victims of medical malpractice caused by employees of the Army, Air Force, Navy or Veteran’s Administration to take legal action. First, appropriate notice must be given and then, when the claim is denied, suit must be filed in federal court.

Tennessee medical malpractice and damages law will control your case, even though it must be filed under a special federal law. Here is a summary of Tennessee medical malpractice law. Please note that federal law generally gives more time to file suit than state law – you need to talk with an experienced medical malpractice lawyer to assist you in determining how much time you have to file suit under the federal statute. Failure to file suit on time will result in a loss of whatever rights you have, so be sure to contact a lawyer quickly.

June 30, 2011

Loss of Sight Because of Medical Error

by The Law Offices of John Day, P.C.

My husband recently lost his vision because of a error by a doctor. What are his legal rights?

Your husband will have to prove that the doctor who treated him failed to follow acceptable professional practice in the community where the doctor practiced and that the failure caused the loss of his vision.

The proof will require the testimony of a doctor, typically one in the same specialty as the doctor who made the error, that your husband’s doctor made an error. A doctor will also have to testify that the error caused the loss of sight.

June 21, 2011

“My Doctor Operated on the Wrong Ankle!”

by The Law Offices of John Day, P.C.

I was supposed to have an operation on my right ankle. When I woke up I discovered that they operated on my left ankle. Now, I have to wait to recover from the operation to the wrong ankle before they will operate on the ankle they should have operated on (the right ankle). To top it off, I have a hospital-acquired infection in the left ankle and am receiving antibiotics via an IV. Do I have a case?

Yes. There is no excuse for wrong-site surgery. The doctor may blame other operating room staff, and they may blame the doctor, but at the end of the day every person working in the operating room has a responsibility to know what ankle they are operating on. The only exception to this rule is in you are asked, before receiving any type of sedative, to mark what ankle you are having surgery on and you mark the wrong ankle. Then the wrong-site surgery may be considered partially your fault.

Tragically, this is a growing problem. According to the Joint Commission on Accreditation of Hospitals, wrong-site surgery occurs 40 times a week in U.S. hospitals and clinics. This estimate s based on voluntary reporting – one-half of the states do not require reporting. Minnesota had 48 cases last year and Pennsylvania has averaged 64 cases for the past few years.