Medical & Dental Malpractice
Medical professionals, including doctors, nurses, dentists, and hospitals, are obligated to use a reasonable level of care when treating their patients. Where they do not exercise this care, serious injuries may result. The malpractice attorneys at Martin Heller Potempa & Sheppard, PLLC in Nashville are devoted to helping patients who have been injured by negligent medical providers seek compensation. Our firm handles a wide variety of medical and dental malpractice suits, working hard to hold those who are responsible for patients’ injuries accountable for their actions. We provide experienced legal representation for clients throughout Williamson and Davidson Counties. If you’ve been injured as a result of a medical professional’s negligent actions, contact our office today to find out more about how we can help.Types of Medical and Dental Malpractice Suits
Medical malpractice can occur when a health care provider, whether a physician, pharmacist, technician, hospital, nurse, or dentist, violates the applicable standard of care in treating a patient, causing an injury. This can occur if the medical practitioner either takes certain actions or fails to take appropriate actions given the circumstances. There are many types of medical malpractice suits, including but not limited to those based on:
- Birth injuries during labor and delivery;
- Failure to diagnose, or delay in diagnosis;
- Improper administration of a drug or dosage; and
- Failure to monitor patients.
Medical and dental malpractice claims may be complicated and are often very technical, requiring evidence regarding professional standards of care, as well as medical experts and various parties who may be liable.Establishing Liability for Medical Negligence
If you or a loved one has been injured, or died, due to a medical provider’s negligence, you may be able to pursue a medical malpractice claim against those responsible. To prevail in such lawsuits, the plaintiff must show that he or she had a doctor-patient relationship with the defendant, whereby the defendant agreed to treatment of the patient, creating a duty of care under which the medical provider is required to act as another would under the accepted standards in the medical field. Following that showing, the plaintiff then must establish that the defendant breached their duty by failing to act as another medical provider would under similar circumstances. A plaintiff must also prove the doctor’s breach caused the patient’s injuries and that damages resulted.
Damages available in medical and dental malpractice suits can include medical expenses, lost wages and earning capacity, as well as pain and suffering. Where a practitioner’s negligence has lead to a fatality, surviving relatives may pursue a wrongful death claim to receive compensation for burial expenses and loss of consortium. Timing is crucial in malpractice lawsuits, as Tennessee law requires legal action to be filed within one year of the date of injury or when the injury is discovered, and no longer than three years from the date of the negligent action. Exceptions to that statute of limitations are only granted in certain rare cases.Franklin Lawyers Representing Malpractice Victims
If you have been injured, or lost a loved one, due to a medical provider’s negligence in Franklin or any of its neighboring communities, the personal injury lawyers at Martin Heller Potempa & Sheppard PLLC can help you explore your legal options and protect your rights. We represent clients in Belle Meade and Cool Springs, as well as across Tennessee. Please contact our office online or call us at (615) 800-7096 today to discuss your claim.