How To Prove A Tennessee Medical Malpractice Claim

 

 

In Tennessee, a claim of Medical Malpractice is defined as:

Medical malpractice occurs when a medical provider fails to act in the way a reasonable medical provider would act under the same circumstances, resulting in harm to the patient.

It simply means:

A medical provider hurts someone by failing to act in a reasonable way.

There are 3 elements of the claim:

• Element 1. A recognized standard of professional care existed. A recognized standard of professional care means that there are accepted guidelines and practices that medical professionals are expected to follow, and if a doctor fails to meet these standards, it can be a basis for a medical malpractice claim.
  

  Facts that might support this element look like:

  * The American Medical Association has established guidelines for the treatment of patients with similar conditions, which are widely accepted in the medical community.
  * Numerous peer-reviewed studies indicate that a specific protocol is the standard of care for diagnosing and treating the condition in question.
  * The hospital where the treatment occurred has a policy that aligns with recognized standards of care for the procedure performed.
  * Expert testimony from qualified medical professionals confirms that the actions taken were inconsistent with established medical practices.
  * State medical boards have published regulations that outline the expected standard of care for practitioners in this specialty.

• Element 2. The defendant failed to act in accordance with the applicable standard of care. The defendant did not meet the expected level of care that a reasonable medical professional would provide in similar circumstances, which is a key factor in proving a medical malpractice claim.
  

  Facts that might support this element look like:

  * The defendant did not perform the necessary diagnostic tests that a competent physician would have conducted under similar circumstances.
  * The defendant failed to follow established medical guidelines for treating the patient’s condition, leading to a delay in appropriate care.
  * The defendant neglected to obtain informed consent from the patient before proceeding with a high-risk procedure.
  * The defendant’s documentation of the patient’s medical history was incomplete, omitting critical information that could have influenced treatment decisions.
  * The defendant did not consult with a specialist when the patient’s symptoms indicated a need for expert evaluation.

• Element 3. The defendant’s negligent act or omission proximately caused an injury that would not have otherwise occurred. In a medical malpractice case, it must be shown that the doctor’s careless action or failure to act directly led to a patient getting hurt in a way that wouldn’t have happened if the doctor had done their job properly.
  

  Facts that might support this element look like:

  * The defendant failed to administer the appropriate medication, leading to a severe allergic reaction in the patient.
  * The defendant did not perform necessary diagnostic tests, resulting in a delayed diagnosis of a critical condition.
  * The defendant’s surgical error directly caused complications that required additional medical intervention.
  * The defendant neglected to monitor the patient’s vital signs, which contributed to a preventable cardiac event.
  * The defendant’s failure to provide adequate post-operative care led to an infection that would not have occurred with proper treatment.

^{(See Gunter v. Laboratory Corp. of America, 121 SW 3d 636 (Tenn. Supreme Court 2003).)}
If you’re in court without a lawyer and plan to assert a Claim of Medical Malpractice, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of Medical Malpractice claims effectively.

Prove Your TN Medical Malpractice Claim

U.S. Civil Cases Only