Medical Negligence (or 'Medical Malpractice')

The Law Offices of John Day has a long history of assisting victims of medical malpractice in recovering from the doctors and health care providers who caused their injuries. Medical malpractice is negligent conduct by a health care provider that causes injury or death to a patient. It is more appropriately called "medical negligence" because the use of the word "malpractice" often connotes incompetence or a lack of professionalism. An otherwise competent health care provider may negligently injure another, just like an otherwise careful truck driver can negligently change lanes and hit another vehicle. The fact that a person is negligent does not mean that he or she is incompetent; it only means that at the time of that event, he or she did not act in keeping with the standard of conduct society expects.

Our lawyers have significant experience handling birth injury cases in particular, including cases in which a child has suffered a life-altering injury such as cerebral palsy during prenatal care or childbirth.

Medical negligence, or medical malpractice, may be committed by any health care provider. This includes doctors, nurses, pharmacists, and technicians that provide patient care. Medical negligence can occur in any setting where healthcare providers come into conduct with patients, such as doctors' offices, hospitals, clinics, nursing homes, ambulatory surgery centers, mental health clinics, and diagnostic clinics.

A competent lawyer who is experienced in this field will do a lot of work before filing a medical negligence claim. He or she will review the medical records, consult appropriate medical specialists, and evaluate the potential damages before he or she will accept the case. This process can take several months; indeed, it often takes six to eight weeks to obtain the medical records. Those records must be obtained before the case can be fully evaluated.

Thus, it is essential that you promptly contact an experienced health care liability lawyer to evaluate your claim after you or a loved on has been harmed. Tennessee law requires appropriate legal action be taken within one year of the event causing injury or death (certain exceptions apply) and therefore a delay in contacting a lawyer may result in that lawyer's inability to review your potential case because of the time it takes to obtain the records, review them, and have them reviewed by appropriate medical consultants.

In our office, we have a full-time registered nurse to help us assist in evaluating medical negligence cases. We receive calls on over 1500 potential medical negligence cases per year and are able to accept only a small number of them. These cases are labor-intensive and very expensive to pursue. Therefore, we limit our caseload to give high-quality representation to our existing clients and accept new clients only when we believe that they have a meritorious case, and we have the time to help them with it.

The Law Offices of John Day handles medical malpractice claims for clients throughout Tennessee. If you would like to speak to us about a potential medical malpractice claim, please contact us online or call us at 615-742-4880 or 866-812-8787.

Medical Malpractice Case Results

$1,250,000 judgment for death due to lack of dialysis. A mother whose kidneys had failed needed dialysis three times a week. As one of her dialysis sessions began, her nephrologist canceled the dialysis because the young woman was bleeding. The nephrologist had the patient transferred to the local emergency room, where the ER doctor placed a suture to stop any more bleeding. The nephrologist testified that she also told the ER doctor by telephone to order bloodwork to see if the patient needed to have dialysis restarted. The ER doctor testified that the nephrologist never told him to order any bloodwork. An order for bloodwork was nonetheless entered at the emergency room, but the patient was sent home before any bloodwork was done. Hours after the patient was sent home, someone from the hospital canceled the order for bloodwork from the hospital's computer system. The next day, the patient's family called her nephrologist, who assumed the bloodwork had been completed and was normal. The nephrologist's office told the patient's family that the patient could wait another day for her dialysis. The young mother died that evening due to hyperkalemia, meaning an excessive amount of potassium that would have been cleaned from her system by dialysis. The Law Offices of John Day filed suit for the patient's elementary school-aged son against the ER doctor, the hospital, two ER nurses, and the nephrologist. After thirteen days of trial, a jury returned a verdict of $1,250,000 against the ER doctor, the hospital, the nephrologist, and one of the nurses.

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