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Wrongful Death Claims from Medical Malpractice

Have you lost a loved one due to someone else's negligence in Knoxville, Tennessee? Contact DZ Law today to schedule a free consultation with our Knoxville wrongful death lawyers. We will fight tirelessly to get justice for your family.

Losing a loved one is devastating. But when that loss is caused by a preventable medical error, the pain is compounded by anger and a sense of profound injustice. If you're here, you might be grappling with this unimaginable tragedy, wondering if the medical professionals you trusted in Knoxville are responsible for your loved one's death. Perhaps this happened at a major hospital like the University of Tennessee Medical Center or a smaller clinic elsewhere in the city.

Medical malpractice cases are some of the most complex in the legal system, and they often involve hospitals and doctors with powerful defense teams. The thought of taking on such a fight while grieving can feel utterly impossible. You may feel completely lost and unsure of where to turn.

At DZ Law, we understand the profound pain of losing a loved one due to medical negligence. We're here to shoulder the legal burden so you can focus on healing and honoring your loved one's memory. We have the experience and compassion to guide you through this difficult time and fight for the compensation your family deserves. Contact a Knoxville wrongful death lawyer at our Downtown Knoxville personal injury law firm today for a free, confidential consultation. Let us help you find answers and seek justice for your loved one.

Common Examples of Medical Malpractice Leading to Wrongful Death

Medical malpractice occurs when a healthcare professional's negligence causes harm to a patient. In the most tragic cases, this negligence can lead to the patient's death, resulting in a wrongful death claim.

These cases are complex and emotionally challenging for the families involved. Here are some common examples of medical malpractice that can lead to wrongful death:

Misdiagnosis or Delayed Diagnosis

Failing to diagnose a serious medical condition, or diagnosing it too late, can have devastating consequences. When a disease like cancer, a heart condition, or an infection is not identified and treated promptly, it can progress to a point where it becomes fatal.

       Failure to Order Tests: Not ordering appropriate diagnostic tests, such as blood tests, imaging scans, or biopsies, based on the patient's symptoms and medical history.

       Misinterpreting Test Results: Incorrectly reading or interpreting test results, leading to an inaccurate diagnosis.

       Ignoring Patient Complaints: Dismissing or downplaying a patient's complaints of pain or other symptoms, leading to a delay in diagnosis.

 

 

Surgical Errors

Mistakes during surgery can have fatal outcomes. These errors can occur due to negligence, inexperience, or a lack of proper communication among the surgical team.

       Wrong-Site Surgery: Operating on the wrong body part or performing the wrong procedure altogether.

       Surgical Instruments Left Inside Patient: Forgetting to remove surgical instruments, sponges, or other materials from the patient's body after surgery.

       Anesthesia Errors: Administering the wrong dose of anesthesia or failing to properly monitor the patient's vital signs during surgery.

       Nerve Damage: Inadvertently damaging nerves during surgery, leading to paralysis or other complications.

       Perforation of Organs: Accidentally puncturing or damaging internal organs during surgery.

Medication Errors

Administering the wrong medication, the wrong dosage, or failing to recognize potential drug interactions can have fatal consequences.

       Incorrect Dosage: Giving a patient too much or too little of a medication.

       Wrong Medication: Administering a medication that was not prescribed or intended for the patient.

       Failure to Monitor: Not properly monitoring a patient's response to medication, leading to adverse reactions or complications.

       Allergic Reactions: Failing to identify or properly manage a patient's allergies to certain medications.

Birth Injuries

Medical negligence during labor and delivery can result in severe injuries to the infant, sometimes leading to death.

       Failure to Monitor Fetal Distress: Not recognizing or responding to signs of fetal distress during labor.

       Improper Use of Forceps or Vacuum: Causing trauma to the infant's head or body during delivery.

       Delayed Cesarean Section: Failing to perform a C-section in a timely manner when necessary.

Failure to Treat Infections

Infections, especially those acquired in a hospital setting (nosocomial infections), can be deadly if not promptly and properly treated.

       Delayed Treatment: Not administering antibiotics or other appropriate treatment in a timely manner.

       Inadequate Infection Control: Failing to follow proper hygiene and sterilization protocols, leading to the spread of infection.

 

 

Emergency Room Errors

Emergency rooms are fast-paced environments where errors can easily occur.

       Failure to Triage Properly: Not correctly assessing the urgency of a patient's condition, leading to delays in treatment for those with life-threatening conditions.

       Misdiagnosis in the ER: Making an incorrect diagnosis in the emergency room, leading to improper treatment or discharge.

       Failure to Admit: Discharging a patient who should have been admitted to the hospital for further observation and treatment.

Tennessee Laws on Medical Malpractice Claims

Tennessee has specific laws governing medical malpractice claims, which are designed to balance the rights of injured patients with protections for healthcare providers.

These laws can be complex, and it's essential to consult with an experienced attorney if you believe you have a claim. Here's an overview of key provisions:

Statute of Limitations

Tennessee has a one-year statute of limitations for medical malpractice claims. This means that a lawsuit must be filed within one year from the date the injury occurred or was reasonably discovered. However, there are some important exceptions and nuances:

       Wrongful Death: In wrongful death cases resulting from medical malpractice, the statute of limitations is one year from the date of death.

       Discovery Rule: The one-year clock starts running when the patient discovers, or reasonably should have discovered, both the injury and the fact that it was likely caused by medical negligence.

       Statute of Repose: There's also a three-year statute of repose, which acts as an absolute bar to claims filed more than three years after the date of the negligent act, regardless of when the injury was discovered. However, there are exceptions for cases involving fraudulent concealment or foreign objects left in the body.

       Minors: For minors, the statute of limitations generally does not begin to run until they turn 18.

 

 

Notice Requirement

Tennessee law requires that a potential plaintiff provide written notice to each healthcare provider they intend to sue at least 60 days before filing a lawsuit. This notice must include:

       The full name and address of the claimant.

       The full name and address of each healthcare provider being notified.

       The date of the alleged malpractice.

       A description of the alleged negligence and the injuries claimed.

This pre-suit notice period is intended to encourage settlement discussions before litigation.

Certificate of Good Faith

When filing a medical malpractice lawsuit, the plaintiff or their attorney must file a certificate of good faith along with the complaint. This certificate states that the plaintiff has consulted with one or more qualified experts who have provided a written statement confirming that there is a good faith basis to believe that medical malpractice occurred.

Expert Testimony

Medical malpractice cases almost always require expert testimony from qualified medical professionals. These experts must be licensed in Tennessee or a contiguous state and practice in the same or a related specialty as the defendant healthcare provider. They will provide opinions on:

       The applicable standard of care: What a reasonably prudent healthcare provider in the same field would have done under similar circumstances.

       Breach of the standard of care: Whether the defendant healthcare provider's actions fell below the accepted standard of care.

       Causation: Whether the breach of the standard of care directly caused the patient's death.

 

 

Comparative Fault

Tennessee follows a modified comparative fault system. If the patient is found to be partially at fault for their own injuries, the compensation will be reduced proportionally. If the patient is found to be 50% or more at fault, the plaintiff will be barred from recovering any damages.

Arbitration Agreements

Some healthcare providers include arbitration clauses in their patient agreements, requiring patients to resolve disputes through arbitration rather than in court. These agreements are generally enforceable in Tennessee, but there are some limitations and exceptions.

Navigating these legal requirements can be challenging. It is essential to consult with a knowledgeable Tennessee medical malpractice attorney as early as possible to ensure that your rights are protected and that you meet all deadlines and procedural requirements.

An attorney can help you investigate your claim, gather the necessary evidence, obtain expert opinions, and advocate for your right to fair compensation.

Evidence Required to Prove Negligence in Medical Malpractice

Proving negligence in a medical malpractice case requires strong evidence to demonstrate that a healthcare provider's actions fell below the accepted standard of care and directly caused the patient's death. Here are the key types of evidence needed:

Medical Records

The patient's complete medical records are essential. These include:

       Chart Notes: Detailed records of the patient's history, examinations, diagnoses, treatment plans, and progress.

       Test Results: Lab results, imaging studies (X-rays, MRIs, CT scans), and other diagnostic tests.

       Medication Records: Documentation of all medications prescribed and administered.

       Surgical Reports: Detailed accounts of any surgical procedures performed.

       Nursing Notes: Observations and care provided by nurses.

 

 

Expert Testimony

Expert testimony from qualified medical professionals is almost always required. These experts, typically practicing in the same specialty as the defendant, will provide opinions on:

       Standard of Care: What a reasonably prudent healthcare provider with similar training and experience would have done under the same circumstances.

       Breach of Standard: Whether the defendant's actions deviated from the accepted standard of care.

       Causation: Whether the defendant's negligence directly caused the patient's injuries or death.

Witness Testimony

Statements from witnesses who observed relevant events can be helpful. This might include family members who witnessed the patient's care or other healthcare providers who were involved.

Medical Literature and Guidelines

Medical textbooks, journal articles, and established clinical practice guidelines can be used to support expert opinions on the standard of care.

Hospital Policies and Procedures

Internal policies and procedures of the hospital or medical facility can be relevant in showing whether the healthcare provider followed established protocols.

 

 

Compensation for Families in Medical Wrongful Death Cases

When a patient dies due to medical negligence, the surviving family members may be able to file a wrongful death lawsuit to seek compensation for their losses. These cases are emotionally difficult, and the law provides a way for families to recover both economic and non-economic damages.

Economic Damages

These are financial losses that can be calculated, such as:

       Medical Expenses: Costs of medical care the deceased received before death related to the malpractice.

       Funeral and Burial Expenses: Reasonable costs associated with the funeral, burial, or cremation.

       Loss of Income: The income the deceased would have earned had they lived, which would have supported the family. This can include wages, salary, and benefits.

       Loss of Services: The value of household services the deceased provided, such as childcare, cooking, cleaning, and home maintenance.

Non-Economic Damages

These are more subjective losses that are harder to quantify but are equally significant:

       Loss of Consortium: Loss of the companionship, love, affection, guidance, and emotional support the deceased provided to their spouse or children.

       Mental Anguish and Grief: Compensation for the emotional suffering and grief experienced by the surviving family members due to the death.

       Loss of Parental Guidance: For children who have lost a parent, compensation for the loss of guidance, nurturing, and instruction.

Who Can Recover Damages

Tennessee law specifies who can bring a wrongful death claim and how damages are distributed. Typically, the surviving spouse, children, or parents of the deceased can file a claim.

 

 

Contact a Wrongful Death Lawyer in Knoxville

Experiencing the unexpected loss of a loved one is devastating, especially when it's due to someone else's negligence. At DZ Law, our primary attorneys, Robert Dziewulski and Ashleigh Beer-Vineyard, are distinguished attorneys with decades of experience, and they are committed to providing the highest level of legal representation. We'll thoroughly investigate the circumstances surrounding your loss, identify liable parties, and fight for the compensation you deserve.

Don't navigate this complex legal process alone. Let our team provide the support and expertise you need to seek justice for your loved one and secure your family's future. Contact DZ Law by calling 865-259-0020 today for a confidential consultation. We're here to listen and help you find a path forward.

Contact Us Today

DZ Law is committed to answering your questions about Transactional Litigation, Transactional Drafting, and Personal Injury law issues in Knoxville, Tennessee. We offer consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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