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Medical Malpractice
Malpractice is a type of tort in which the misfeasance, malfeasance or nonfeasance of a professional, under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages.
In medical malpractice the plaintiff is the patient, a legally designated party acting on behalf of the patient, or by the executor or administrator of a deceased patient's estate (in the case of a wrongful death suit). The defendant is the health care provider.
Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. Relying on vicarious liability, claims may also be brought against hospitals, clinics, or medical corporations for the mistakes of their employees.
A plaintiff must establish all four of the following elements, for a successful medical malpractice claim.
1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached and failed and the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitor or 'the thing speaks for itself'). An exception to this rule requiring expert testimony is included the concept of abandonment, an allegation where a physician stopped treating an established patiewnt without providing a substitute equally skilled and trained or without providing adequate notice for the patient to find alternate care without risk
3. The breach caused an injury -- The breach of duty was a proximate cause of the injury
4. Damages -- Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent
Email Tim bowden_law@bellsouth.net
306 Northcreek Blvd Suite 200
Goodletsville TN. 37072
Toll Free: 1-866-315-7529
Ph. 615-859-1996
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Not Certified As A Civil Trial SpecialistBy The Tennessee Commission On Continuing Legal Education and Specialization
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