Things to consider before filing a medical malpractice suit

An individual's good health is almost always underappreciated until it begins to fail or a serious injury is suffered. When this occurs, Tennessee individuals hand over their health -- and sometimes their lives -- to their doctors. Often, the amount of trust placed in doctors is well-founded, and they perform their responsibilities with great aplomb. However, when medical professionals fail to perform their responsibilities properly and this irresponsibility leads to an injury, worsening of a condition or death, it may be appropriate to file a medical malpractice suit against the responsible party or parties.

One of the first things that must be considered -- which will strengthen the chances of a favorable result in court -- is the strength of an individual's evidence. Medical negligence is only established in court and must be based on highly accurate evidence and medical information. Sometimes, it is necessary for a neutral medical professional to review the individual's case, as well as the actions that may have lead to the harm that the victim experienced.

Another important consideration is knowing which party to sue. Many malpractice suits fail due to the fact that the wrong party was sued. For example, many victims choose to sue the hospital, but, in all actuality, most doctors must be sued personally -- even if the negligent actions were performed in a medical facility.

The final two aspects that are essential to consider before filing a medical malpractice suit are knowing when to sue and picking an attorney to represent you. First, the statute of limitations in Tennessee is only one year, so it is important to act quickly. Second, as medical negligence can be difficult to prove, many victims choose to consult an attorney who focuses on medical malpractice. This is an extremely detailed area of law, so it is vital to select an attorney that has a proven track record in these types of cases.

Source: The Huffington Post, "6 Things You Should Consider Before Filing a Suit for Medical Negligence", Toby Nwazor, May 24, 2016

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