Medication Errors May Arise to Level of Medical Malpractice in Tennessee

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As a Memphis, Tennessee medical malpractice lawyer with the ability for members of our team to also investigate claims in Mississippi, Arkansas, and Kentucky, we thought it beneficial to discuss misdiagnosis of medical care and how this can affect the patient.

Tennessee Medical Malpractice Lawsuit for Medication Error

About 1.5 million U.S. residents suffer from fatal and non-fatal injuries due to medication errors every year. According to the Critical Care Medicine journal, hospital medication errors are more common than expected and in two-third errors go unobserved by patients or families. Published in 2013, the report quoted researchers from the Johns Hopkins University School of Medicine, who studied over 800,000 such cases reported in the last five years, to claim that neither patients nor their families were apprised of these mistakes in medication. Unbelievably, no action was initiated against the erring staff despite their faults. The study also found that the most number of hospital medication errors happened during the drug administration.

A medical malpractice lawsuit filed in a state court a few months ago highlighted how a 39-year-old man lost his life because of medication error. The patient was administered higher than prescribed dose of medication that resulted into hemorrhage and severe internal bleeding. He died within 12 hours. The family has filed a medical malpractice lawsuit against the hospital holding it responsible for the medication error that resulted in wrongful death.  We provide free case evaluations for similar instances.

What Constitutes A Medication Error

The following are various types of medication error apt for filing of Tennessee medical malpractice lawsuits.

  • Wrong prescription
  • Administration of wrong medication
  • Omission of required medication
  • Failure to prescribe or administer the required medication
  • Incorrect regimen or dose prescription or administration
  • Pharmacy failure to create the right drug composition
  • Prescription or administration drugs with known side effects

The FDA has issued comprehensive guidelines and warnings apprising consumers of side effects linked to several medications. If your doctor has misled you over prescription drug side effects and recommended a drug that caused you to suffer from injuries, you are at liberty to sue him by filing a Tennessee medical malpractice lawsuit for a medication error.

Compensation Restrictions for Tennessee Medical Malpractice Lawsuit

A plaintiff can seek damages covering medical cost, physical injury, economic losses, emotional suffering, and punitive damages. According to Tennessee state law, the compensation awarded is subject to certain limitations, such as

  • non-economic damages should not exceed $750,000
  • award of punitive damages if there is clear and convincing evidence of intentional, reckless, malicious or fraudulent conduct
  • economic damages of no limit, but must be proven with some specificity at trial (e.g. lost wages, life care plan or similar costs)

If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.

CALL: 1-800-632-1404

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    Medical Malpractice Due to Misdiagnosis in Tennessee

    FREE CONSULTATION, CALL TOLL FREE 1-800-632-1404

    As a Memphis, Tennessee medical malpractice lawyer with the ability for members of our team to also investigate claims in Mississippi, Arkansas, and Kentucky, we thought it beneficial to discuss misdiagnosis of medical care and how this can affect the patient.

    When a patient is treated by a doctor, the patient trusts the doctor will correctly diagnose the patient.  When there is a failure to diagnosis, patients can be harmed.  In certain circumstances, the standard of care requires a doctor or other health care provider to treat a patient differently.  When this occurs, there can be a claim for misdiagnosis under Tennessee law.

    Tennessee Medical Malpractice Lawyer: Misdiagnosis Claim

    A 35-year-old Tennessee man has been awarded $300,000 in damages following a medical malpractice misdiagnosis claim. According to the medical malpractice lawsuit filed in a district court, the doctors removed the plaintiff’s gallbladder following wrong diagnosis of gallstones as tumor. The radiologist was found guilty of misdiagnosis while the surgeon was held responsible by the court for surgical intervention without checking into the veracity of reports.

    In 2009, a Shelby County court had awarded $24 million in response to a Tennessee medical malpractice lawsuit filed by a woman claiming breast cancer misdiagnosis. The plaintiff went to a Memphis hospital following a lump in her breast. The doctor mistook the cancerous tumor on her breast as a cyst and failed to refer her for a mammogram test. The lump evolved into cancer that spread to her liver and other body parts due to lack of on-time diagnosis and treatment.

    When the plaintiff was referred for ultrasound and mammogram by another doctor in the hospital, medical reports disclosed that she was suffering from breast cancer. She was immediately treated with regular chemotherapy and radiation therapy. In addition to lumpectomy, her uterus was also removed so that pregnancy did not result in any secondary health complications.

    The Tennessee misdiagnosis lawsuit held the doctor responsible for the late diagnosis that led the plaintiff to suffer from multiple physical injuries and emotional trauma.

    Tennessee Medical Malpractice: What Is Misdiagnosis?

    According to the state law and opinion of the experts, the following instances of misdiagnosis are considered fit for filing of Tennessee medical malpractice lawsuits.

    • Failure to diagnosis
    • Mistaken identification of disease
    • Failure to recognize an existing disorder
    • Pathological report/ doctor declaring people healthy despite health problems
    • Delay in indentifying a disorder
    • Error in diagnosis despite correct test reports
    • Failure to foresee a disease linked to existing health problem
    • Delay in prescribing tests

    Tennessee Medical Malpractice: The Statute of Limitations

    The State of Tennessee put forth three types of time limit for any type medical malpractice misdiagnosis lawsuit in Tennessee.

    • A claimant has one-year time from the date of injury to file a misdiagnosis lawsuit.
    • Plaintiffs can file a medical malpractice lawsuit within a year of discovery of an injury, not discernible at time of treatment. (future injuries/side effects)
    • But in no way can a case for medical malpractice, including for a child, be filed more than three years after the procedure occurs, unless the injury is caused by a foreign object left by surgeons inside the patient’s body

    Expert Testimony Vital to Seek Compensation

    A plaintiff filing a Tennessee medical malpractice lawsuit for misdiagnosis is required to collect and present documents certified by an expert witness that knows the standard of care in the Defendant’s community or a similar community.  The expert must also be from Tennessee or a contiguous state to Tennessee.  Without expert testimony, a claim cannot proceed.  A qualified expert must opine before your case is filed that the case is worthy of proceeding ahead.

    If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.

    CALL: 1-800-632-1404

    FILL OUT THIS FORM FOR FREE HELP:

      Your Name (required)

      Your Email (required)

      Your Phone Number (required)

      Case Details

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