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Medical
Malpractice
Malpractice is a type of tort in
which the misfeasance, malfeasance or nonfeasance of a professional,
under a duty to act, fails to follow generally accepted professional
standards, and that breach of duty is the proximate cause of injury to a
plaintiff who suffers damages.
In medical malpractice the plaintiff is the patient, a legally
designated party acting on behalf of the patient, or by the executor or
administrator of a deceased patient's estate (in the case of a wrongful
death suit). The defendant is the health care provider.
Although a 'health care provider' usually refers to a physician,
the term includes any medical care provider, including dentists, nurses,
and therapists. Relying on vicarious liability, claims may also be
brought against hospitals, clinics, or medical corporations for the
mistakes of their employees.
A plaintiff must establish all four of the following elements, for
a successful medical malpractice claim.
1. A duty was owed - a legal duty exists whenever a hospital or
health care provider undertakes care or treatment of a patient.
2. A duty was breached and failed and the provider failed to
conform to the relevant standard of care. The standard of care is proved
by expert testimony or by obvious errors (the doctrine of res ipsa
loquitor or 'the thing speaks for itself'). An exception to this rule
requiring expert testimony is included the concept of abandonment, an
allegation where a physician stopped treating an established patient
without providing a substitute equally skilled and trained or without
providing adequate notice for the patient to find alternate care without
risk
3. The breach caused an injury -- The breach of duty was a
proximate cause of the injury
4. Damages -- Without damages (losses which may be pecuniary or
emotional), there is no basis for a claim, regardless of whether the
medical provider was negligent
Tim is a member of the
American Bar Association, Tennessee Bar Association, Nashville Bar
Association. Association of Trial Lawyers of America and the Tennessee
Trial Lawyers Association. Tim performs pro bono work, including
Dial-A-Lawyer sponsored by the young attorneys of Nashville Bar
Association and serves on the board for Foundations, a dual diagnosed
non-profit organization. Tim graduated from Nashville School of Law and
received his undergraduate degree at Tennessee Tech University.
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Goodletsville TN. 37072
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Disclaimer. No information or materials posted here are intended to
constitute legal advice, nor can we guarantee the accuracy of posted
information, especially as to each individual situation. We do not
independently check the information contained herein and does not refer
or endorse any product, service, or firm. This site does not constitute
an attorney-client relationship; local counsel should always be
consulted.
Not Certified As A Civil Trial Specialist By The Tennessee Commission On
Continuing Legal Education and Specialization
Home
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