Individuals put their lives and trust in the hands of medical professionals when their health conditions need medical attention. Medical professionals take an oath that legally obligates them to provide a standard duty of care when treating their patients. However, medical professionals may not always abide by that oath resulting in serious injury. If a medical professional commits a negligent act that causes their patient harm, they may be liable for damages. If you’ve been injured by a medical professional due to negligence, contact a qualified Memphis Medical Malpractice Lawyer who can help you recover reasonable monetary damages that can help you overcome this difficult situation.
Does Tennessee cap the amount a victim can recover in damages?
Several states throughout the U.S. cap the amount a victim can recover in monetary damages in medical malpractice claims. Tennessee is one of those states. In Tennessee, if an individual has been injured due to a medical professional’s negligence, there is a cap on the amount of non-economic damages an individual can recover. The cap for medical malpractice claims in Tennessee is $75,000. However, the cap increases to $1 million if the victim suffered catastrophic injuries. Catastrophic injuries may include paraplegia or amputation.
What are economic and non-economic damages?
Typically, victims are entitled to recover reasonable economic and non-economic damages for their losses. Economic damages are calculable out-of-pocket losses. While non-economic damages have no monetary value as they are subjective. Economic damages may include:
- Lost wages
- Loss of earning capacity
- Past and future medical expenses
- Property damage
- Household services
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Inconvenience
- Disfigurement
- Impairment
- Loss of enjoyment of life
- Loss of society
- Loss of companionship
- Loss of consortium
Victims experience physical and mental trauma due to malpractice. Victims are lawfully entitled to pursue legal action against a negligent party to recover reasonable damages for their losses. However, in certain states, there is a limit to the amount a victim may recover in certain types of damages.
Do victims need to fulfill the burden of proof?
In Tennessee, victims of medical malpractice must fulfill the burden of proof. To satisfy the burden of proof victims must:
- Prove they were a patient of the medical professional
- Prove the medical professional had a standard duty of care
- Prove the medical professional breached that standard duty of care
- Prove the medical professional’s breach of duty of care directly inflicted the victim’s injuries
- Prove the medical professional’s breach of duty of care caused significant damages
Victims of medical malpractice must satisfy the burden of proof. They must prove that the medical professional who harmed them, acted negligently which directly caused them harm. Furthermore, they must prove that an otherwise reasonable doctor would not have neglected their standard duty of care.
If you have been injured due to medical negligence, reach out to one of our knowledgeable and dedicated team members. Our firm is committed to helping our clients hold negligent parties accountable for their reckless actions that caused harm. We are ready to fight on your behalf.
