Few types of personal injury claims have more procedural rules or are more challenging to pursue than those alleging negligence by healthcare professionals. Even if you have strong documentary evidence and input from medical experts to support your claim, state law still may limit the amount of compensation you can recover for the losses you experienced.
Guidance from a seasoned personal injury attorney can be crucial in these types of cases. Once retained, a Cleveland medical malpractice lawyer could review your circumstances, work diligently to protect your rights, and tirelessly pursue compensation for your injuries.
The legal standards for proving negligence by a healthcare provider are much higher than those applicable to other forms of personal injury litigation. Most notably, all prospective plaintiffs intending to file suit over medical malpractice must submit a “certificate of good faith” no later than 90 days after submitting their initial complaint.
This certificate, sometimes referred to as an “affidavit of merit,” must affirm that the plaintiff has consulted with at least one qualified medical expert about their claim. Additionally, the medical expert(s) in question must agree that available evidence either justifies a good-faith malpractice claim or does not conclusively establish the validity or invalidity of the claim. Claims filed without such an affidavit will almost always be dismissed “with prejudice,” meaning the plaintiff is barred from ever pursuing that claim again.
There are also numerous rules regarding the qualifications of medical experts who testify on a plaintiff’s behalf during a medical malpractice trial. A seasoned medical negligence attorney could explain these rules and help locate experts in Cleveland to support a plaintiff’s claim.
Unfortunately, Tennessee state law limits recovery for certain types of damages in a medical malpractice claim. According to Tennessee Code §29-39-102, an individual plaintiff can generally only recover up to $750,000 for non-economic forms of harm such as physical pain, psychological suffering, and lost quality of life.
Importantly, though, the applicable cap is $1,000,000 for cases involving one or more of the following “catastrophic” injuries:
As a local medical malpractice lawyer could explain, there is no cap on non-economic recovery for cases in which the defendant caused serious impairment or death because they were intoxicated, intentionally caused serious physical injury, or tried to conceal their misconduct through any form of fraud.
For various reasons, medical malpractice cases are among the most complicated types of personal injury litigation. If you want any chance of achieving fair recovery through a claim of this nature, it is essential to work with dedicated legal counsel.
A Cleveland medical malpractice lawyer could be the ally you need to effectively obtain the financial compensation you deserve. Call our firm today to learn more and discuss your case.