Articles Posted in Medical Malpractice (Health Care Liability)

I believe that I was injured as a result of the negligence of a nurse in a Nashville hospital.  How do I make a medical malpractice claim?

The first thing you do is contact a lawyer who has substantial experience in medical malpractice cases and who represents patients, not health care providers.  Read here for more information about hiring a lawyer.

From the factual summary you give, that lawyer will determine whether he can investigate your case. The investigation has several components, starting with gathering, organizing and reviewing the medical records that are relevant to your claim.

I have a medical malpractice case.  The doctor’s insurance company has refused to settle the case.  What are the odds that I will prevail at trial?

Health care providers generally win medical malpractice cases that are tried to a jury.  That does not mean that your case is likely to be lost – each case depends on its facts and,many other factors.

That being said, for the year ended June 30, 2009 there were 26 medical malpractice cases tried in Tennessee.  the data is not available, but based on past experience only 5 or 6 of those cases were won by the patient.  Stated differently, the win-rate for patients is less than 25% for cases that go to trial.

What does it take for someone to qualify as an expert witness in a Tennessee medical malpractice trial?

This is a question that is very difficult to answer.  To make this a little easier to follow let’s assume that an internist has been sued.

In Tennessee, an expert testifying about whether the internist committed an error must be familiar with good professional practice (the "standard of care") for the internists in the community in which the defendant internist practices or in similar communities and must testify that the internist did not follow that standard of care.  In other words, the witness must be able to say that the internist either did something he or she should not have done or did not do something he or she should have done.  The expert need not necessarily be an internist – depending on the circumstances a family practice doctor or other type of doctor could testify about the standard of care for an internist under a particular set of facts.

How many jurors will hear a medical malpractice case in Tennessee?

Usually there are twelve.  The parties to the lawsuit can agree on less than twelve, but usually no such agreement is reached.

The jury must reach a unanimous verdict.  That is, all must agree on the decision.  If there is not a unanimous verdict, a mistrial is declared by the judge and there is another trial.

I think I was injured by medical malpractice.  I talked to a lawyer at church and she said that another doctor would have to testify against my doctor.  Is that right?

Generally, yes. In fact, most cases require testimony from more than one expert medical witness. The expert(s) must testify (1) what level or type of care was necessary in the community given the medical issue; (b) that the appropriate level of care was not provided; and (c) that the inappropriate care caused the injury or death of the patient that would not have otherwise occurred.

This is a very complicated area of the lawyer, and I strongly suggest that you consult an experienced medical malpractice lawyer to evaluate your case.