By David Peel
Literally malpractice means bad or poor practices. Practically speaking in Tennessee, they can be very tough cases.
In order to successfully prove an actionable case of medical malpractice case in Tennessee you must prove the standard of care in this community.
- a breach or violation of that minimum acceptable standard of care.
- proximately (or directly caused damages) that happened as a result of that breach.
- those damages must not of been the ones that would’ve happened anyway.
The best example of a case of malpractice but that was not the case any lawyer should take, was a lady who had a scan showing she had stage two cancer but the doctor never read it. Eighteen months later another doctor was flabbergasted to find out that she had not yet had it removed. When it was removed it was also stage two, and there was no further damage. Note that she underwent the exact same surgery she would’ve had anyway. So that’s clear malpractice, but it’s also clearly not a good legal case because nothing effectively happened that would not have happened otherwise. Very different result of course if it goes to stage four during that interim.
So not every bad result, every missed medication, every judgment call, or every case of neglect amount to actionable medical malpractice. But when they all come together, and medical records support the client, a good lawyer and medical expert can make this much less likely to ever happen again.
Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
