If you or a loved one was injured as a result of substandard medical care, with the help of an Antioch medical malpractice lawyer, you have legal options. At The Cochran Firm – Nashville, we are passionate about people who get hurt because of the carelessness of others.
- Collect evidence to support your claim
- Determine fault and liability
- Estimate the cost of your economic and noneconomic damages
- Negotiate for a fair settlement on your behalf
- Take your case to court, if negotiations fail
- Advocate for your legal rights
Whether a doctor, hospital, pharmacist, or another party made a mistake that harmed you, we can evaluate your situation at no charge. Our team handles medical malpractice cases on a contingency fee basis. We get paid out of the insurance settlement or court award at the conclusion of your case. If we cannot successfully represent your legal interests, then you do not owe us our attorney’s fees.
Call The Cochran Firm – Nashville at (615) 651-7451 to get started.
Who You Can Sue for Medical Malpractice
Although many people think of doctors and hospitals as the only parties you can sue for medical malpractice, TN Code §29-26-101 provides more clarity.
Some of the parties that could be held financially responsible for your damages include:
- “Doctors in training,” like medical resident physicians, fellows, and interns working at a teaching hospital or in a training program of a medical school
- A healthcare facility that is not government-owned
- Medical professionals who are not physicians, like nurses, physician assistants, licensed practical nurses, orderlies, advance practice nurses, pharmacy technicians, and other technicians working for health care providers and delivering health care services
- Business entities that deliver health care services
- Some additional individuals and organizations in the healthcare field
An Antioch medical malpractice lawyer can help you determine who is responsible for your injuries and related losses. Sometimes, multiple parties can be held liable.
What We Have to Prove to Win a Medical Malpractice Case
Your case must be backed with evidence to be successful. Forms of evidence could include your medical records, expert testimony, and other relevant items.
According to Clinical Orthopaedics and Related Research, your legal team will need to demonstrate the presence of the following four factors in your case:
- The liable party undertook a duty of care by administering medical treatment.
- The liable party violated this duty of care by acting outside of what was expected of a professional in the same situation.
- The liable party’s actions directly resulted in your injuries and related losses.
- You have suffered not only physical harm but also financial damages as a result of the liable party’s decisions and actions.
With such strict requirements, it can be a wise decision to work with an Antioch medical malpractice lawyer. To promote your case’s success, your legal team may work with medical field consultants to gain further insight into your situation. TN Code §29-26-115 restricts expert witnesses in medical malpractice cases to health care professionals whose specialty or field of practice is relevant to the issues in your case.
To learn more about what this entails, call The Cochran Firm – Nashville, today at (615) 651-7451.
Damages Available in Antioch Medical Malpractice Claims
After we prove that you got hurt because of medical malpractice, we can pursue compensation for the harm you suffered.
TN Code §29-26-119 lists the following compensable damages in a successful medical malpractice case:
- The cost of medical care and rehabilitative services you needed due to your health condition
- Lost income, including unreimbursed wages, salary, self-employment, and other forms of regular income that you missed because of the harm
- Custodial care needed as a result of the substandard care
- The monetary value of services you are now unable to provide because of the harm you suffered
You can also pursue compensation for your noneconomic losses, like pain and suffering, disfigurement, and the loss of enjoyment of life.
Certificate of Good Faith
You may be able to receive financial recovery either through an insurance settlement or court award. If your case goes to court, before your legal team can file the lawsuit, we have to run the medical malpractice claim by at least one expert who would be allowed to testify on the case. The expert must sign a document that states that they believe that there is a good faith basis to the lawsuit itself.
TN Code §29-26-122 requires us to file a certificate of good faith when we file the complaint with the court, saying that we complied with these requirements. The court will dismiss the complaint unless we can show that the health care provider did not give us copies of your medical records in a reasonable amount of time.
You Have a Limited Time to Act
Tennessee places a statute of limitations on your ability to file a lawsuit against the party responsible for your losses. However, assigning a deadline to a medical malpractice civil action can be difficult. In general, you have a year from the date you were injured to take your case to court. Yet, you may not have realized your physical impairments until a much later date.
For example, let’s say that a doctor incorrectly diagnosed stomach cancer as indigestion. You may not have been diagnosed with cancer until later, which could influence your course of treatment and prognosis. In that situation, you may be granted additional time to act, since you could not have realized the doctor’s error when you were originally diagnosed.
An Antioch medical malpractice lawyer can review the details of your case and determine how Tennessee’s statute of limitations impacts your case. Because you may not have a long time to act, we encourage you to call The Cochran Firm – Nashville today.
Getting Help for a Medical Malpractice Claim in Antioch
Medical malpractice cases can quickly become complicated. Yet, The Cochran Firm – Nashville is not afraid to take on challenging cases. We can examine the facts of your situation and employ strategies that are designed to bring about a beneficial end to your case.
You can get started today by calling us today at (615) 651-7451.