Medical Malpractice (Health Care Liability)

August 16, 2010

A Doctor Made an Error and I Almost Died!

I had a surgery recently. The doctor made an error and I also died. I spent two extra days in the hospital. I am fine now but I want to sue him.

You will have a difficult time finding a lawyer to help you with this case. Even assuming that you can prove your case it appears your damages are minimal – two extra hospital days, related experiences, and the trauma of the event. Medical malpractice cases are very expensive to prepare and are very vigorously defended by doctors and their insurance companies. Thus, most lawyers have been forced to adopt a rather high damages threshold before they will accept any malpractice case.

Of course, you should talk to an experienced medical malpractice lawyer and see if he or she can help you. Remember that in Tennessee you must take appropriate legal action within one year of the date of the event causing you an injury. Failure to take timely action will result in a loss of whatever rights you have.

July 28, 2010

Pharmacy Mis-Fills

by The Law Offices of John Day, P.C.

My doctor gave me a prescription. I took it to my local pharmacy and got it filled. I took the medicine for three days, twice a day, just like the doctor said when I passed out and hit my head on the kitchen table. I woke up in the hospital two days later with a horrible headache and 15 stitches on my head. It turns out that rather than give me 50 mg. pills like the doctor ordered the pharmacy gave me 500 mg pills. My doctor said that this medicine built-up in me and caused me to pass out. He said that if I would have taken those bigger pills for a couple more days I would have died. Can I sue the pharmacy?

Yes, if you can prove that the prescription was for 50 mg. and it was filled at 500 mg. the pharmacist committed a clear error. It will be important to get a copy of the original prescription form and make sure that it clearly called for only 50 mg. pills.

You will also have to prove that taking the extra-high dose caused to you pass-out and hit your head. A medical doctor will have to testify about this.

June 11, 2010

Number of Tennessee Medical Malpractice Trials

by The Law Offices of John Day, P.C.

How many medical malpractice trials are there per year in Tennessee?

The Tennessee Jury Verdict Reporter gathers this data. For the 12-month period ending November 30, 2009, there were 32 medical malpractice trials in the state of Tennessee. The patient won nine cases and the health care providers won 23.

Davidson County (Nashville) had seven of those trials. Shelby County (Memphis) had five. In each county the providers won one more case than the patients.

April 9, 2010

Understanding Medical Malpractice Cases in Tennessee

by The Law Offices of John Day, P.C.

1. What is a medical malpractice case?

Answer: Cases for injuries caused by a medical provider during the course of providing medical treatment are called medical malpractice cases. There are many different fact situations which can form the basis of a claim. The injury may be the result of something the medical provider did such as performing surgery on the wrong arm or leg. Or the injury may be caused by the medical provider’s failure to provide appropriate medical care or make a timely diagnosis. Medical malpractice claims may include claims against doctors, nurses, hospitals, nursing homes, pharmacies, home health agencies, and other types of health providers.

2. What is the deadline for filing a medical malpractice case in Tennessee?