We rely on our medical professionals to make the right decisions and handle complicated procedures safely. There are times when the outcome we rely on and hope for doesn’t come to pass, and sometimes that can be the fault of those we trusted. Medical malpractice lawsuits are a way for those who suffer to seek fair compensation.
Our experienced medical malpractice attorney at Galligan & Newman will work with you on all facets of your legal challenge. For over 40 years, we have served the people of Warren, White, Van Buren, Grundy, Putnam, and DeKalb Counties. Our commitment to providing detailed legal counsel ensures that you are not overwhelmed by the complexities of a medical malpractice case. You can trust us to navigate through medical jargon, liaise with insurance companies, and build a strong foundation for your case.
There are four things that must be proven to win a medical malpractice case–duty, deviation, damage, and direct cause.
Understanding Duty of Care in Medical Malpractice
All personal injury cases, medical or otherwise, require that a duty of care be present. That is, the defendant must owe a duty of care to the plaintiff. In many medical malpractice cases, this will be self-evident. If you had open-heart surgery, the surgeon clearly owed you a duty of care. The night nurse has a duty of care to make sure you receive the right medication and at the right intervals. The pharmacy has a duty of care to see that you get the correct prescription.
Determining duty of care is foundational because it establishes the professional relationship and responsibility of the healthcare provider towards the patient. Without this, a claim cannot move forward, as the fundamental tenet of 'provider to patient' care must be established first. Our firm meticulously reviews the patient-doctor interactions and documentation to solidify this crucial aspect.
It is possible for a duty of care not to be present. Let’s say that your grievance is getting bad advice to have that heart procedure done. It turned out it wasn’t necessary and did more harm than good. You have a friend who's a doctor and they gave you the advice.
What were the circumstances around this doctor’s advice? If your families were camping together at Rock Island State Park and they offered their counsel as you lamented your heart issues over a campfire, then it’s likely no duty of care existed. You might have the basis for believing your friend isn’t a very good doctor, but you won’t have the basis for a medical malpractice lawsuit.
But if you get the same advice in this doctor’s office, after making your co-pay? Now, a duty of care is present, and the physician can be held accountable. The setting where advice or treatment is rendered often plays a key role in establishing duty. Professional settings create an expectation of professional conduct, a notion which is integral to malpractice cases.
Proving Deviation from Standard Care in Your Case
The next step is to prove that the medical professional deviated from the standard practice of care in your case. Let’s return to the example above. Perhaps the advice you got about your heart condition was the same that most any doctor would have given. Or, at the very least, it was advice that a large number of reasonable doctors would have offered. This is a valid defense in medical malpractice cases.
If you and your attorney believe otherwise, then it’s time to summon expert witnesses. You might go and see a couple of heart specialists. They’ll examine you and look at your previous medical history. What if they testify in court that not only would they not have advised you to undergo the procedure, but no reasonable doctor would have rendered such an opinion? If the court is persuaded by your expert witnesses, then you can establish deviation.
Expert witnesses can be important in a trial of most any kind, but they are particularly necessary in medical malpractice cases. The entire question of deviation essentially boils down to this–What would a reasonable person facing the same set of circumstances have done? A jury can make up their own minds in, say, a slip and fall case where the issues are ones ordinary people meet every day. Understanding what a reasonable person would do in medicine is dependent on testimony from professionals.
Deviation from the standard of care is often illustrated through comparisons with established medical guidelines and procedures. We analyze these standards based on regional as well as national levels to demonstrate what should have been the correct course of action. This diligence helps us argue effectively with solid factual backing. Proving the extent of the damages you’ve suffered and connecting them to a medical breach of duty requires diligent legal expertise. Law Offices of Galligan & Newman has been handling these cases for over 40 years.
Understanding Damages in Medical Malpractice Cases
If you’ve proven duty and deviation, damages will often be apparent. This is an area that can be a source of dispute in other types of personal injury cases–e.g., a slip and fall case, a person might not have been injured in any substantial way. But given the gravity of medical procedures, if we’re at this stage of the process, it’s quite probable that the reality of damage will be evident to the court.
In medical malpractice, damages can encompass physical injury, emotional distress, and financial burdens such as medical bills or lost wages. It’s not just about proving harm; it involves fully articulating the scope and impact of these harms on your daily functioning and life quality. With a comprehensive briefing of all these potential areas, we aim to encapsulate the totality of impact in our representations.
Establishing Direct Cause in Your Medical Malpractice Claim
This final piece of the medical malpractice puzzle might not be as easy to establish. To continue with our example of a heart procedure, what if the defense argues that the source of your pain and discomfort is another cardiovascular condition you might suffer from? Many patients have pre-existing conditions, and those conditions might be seized upon as a defense.
Your lawyer will again need to bring forth expert witnesses to testify on your behalf. You must demonstrate to the court that this specific act of malpractice–one which is now proven before the court in the form of duty, deviation, and damage–is indeed the direct cause of your current distress.
Establishing direct cause involves dissecting medical reports, timelines, and incidents preceding the alleged malpractice. We meticulously analyze these records and timelines, looking for links between the alleged malpractice and subsequent health issues, thus solidifying claims with persuasive evidence.
Proving medical malpractice requires methodical work by a lawyer with a deep understanding of precisely what must be proven at each step of the legal process. Your case further requires an attorney who is networked with expert witnesses–professionals whose insight is both real and respected by the courts; especially if you plan to file a wrongful death lawsuit.
Law Offices of Galligan & Newman has been working on these types of cases for over 40 years. We serve the people of Warren County, the surrounding counties and the reach from our McMinnville office goes out to Upper Cumberland. Tell us about your case and we’ll tell you how we can help. Call us at (931) 473-8405 or contact us online to set up an initial consultation.
Addressing Hospital Malpractice in Warren County
Hospitals are integral establishments within Warren County, tasked with the critical responsibility of delivering healthcare. Nevertheless, mistakes can occur, leading to hospital malpractice cases. Such malpractice can include errors in surgical procedures, incorrect medication administration, or inadequate post-operative care. These errors can have severe impacts on patient health and overall well-being.
Our legal team at Law Offices of Galligan & Newman understands the complexities of hospital settings and the high stakes involved. Leveraging our in-depth knowledge of both medical procedures and relevant laws, we examine each case individually to understand the particulars. We collaborate with medical experts to ascertain where processes did not meet the required legal and institutional standards, aiming to hold accountable those whose negligence cause harm. By localizing our services, we draw upon specific regional statutes applicable in Warren County, furnishing each claim with a solid legal foundation.
What Sets Law Offices of Galligan & Newman Apart from Other Firms
Our commitment to the Warren County community is unmatched, with over 40 years of dedicated service. At Law Offices of Galligan & Newman, we not only possess a wealth of knowledge but also understand the importance of trust and ethics in tough situations. Our presence in community events means we understand better than anyone the unique local issues you face, enabling us to adapt our strategies to provide the best possible representation.
When you choose our firm, you benefit from a personalized approach that puts your needs at the forefront. Our attorneys maintain open communication and keep you informed of developments at every stage. By doing so, we build a partnership with our clients, where you are never just another file but a valued client deserving of justice and peace of mind.
Frequently Asked Questions About Medical Malpractice
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standards of practice, resulting in harm to a patient. This can involve errors in diagnosis, treatment, aftercare, or health management. Patients depend on medical professionals for top-tier care, and when that obligation is breached, leading to injury or health complications, it constitutes medical malpractice. Understanding this helps in identifying potential cases and seeking appropriate legal help.
How Do I Know If I Have a Medical Malpractice Case?
If you suspect that improper medical treatment is the cause of your injury or health issue, you may have grounds for a medical malpractice case. The primary elements include proving there was a professional duty owed to you by the healthcare provider, a deviation from standard care was made, there was a direct causation to the injury, and significant damages ensued. Consultation with our attorneys at Law Offices of Galligan & Newman will help you examine these facets and decide on the appropriate course of action.
What Types of Compensation Can I Claim for Medical Malpractice?
Victims of medical malpractice could be entitled to various compensations, including costs for medical expenses, rehabilitative care, lost wages, and non-economic damages like pain and suffering. It’s important to detail every aspect of your losses, which our experienced team can help quantify and define in your claim, aiming for the most favorable outcome aligned with the specifics of your case.
Why Is It Important to Hire a Local Medical Malpractice Lawyer?
Hiring a local attorney familiar with Warren County’s regulations and courtroom procedures can significantly impact your case’s success. Local attorneys understand the regional judicial climate and can anticipate working with other local professionals. Moreover, they are accessible to meet in person, enhancing communication during these critical processes. At Law Offices of Galligan & Newman, our long-standing presence here offers distinct advantages specific to this locale.
How Long Do I Have to File a Medical Malpractice Claim in Tennessee?
Tennessee law stipulates that victims have one year from the date of the malpractice incident to file a claim, though certain exceptions may extend this timeline. It’s crucial to act promptly, as having enough time to investigate and build a strong claim is essential. Our legal team at Law Offices of Galligan & Newman acts swiftly to ensure timely filing and effective representation.
