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Failure to diagnose or misdiagnosis. Misreading or ignoring laboratory results. Unnecessary surgery. Surgical errors or wrong site surgery. Improper medication or dosage. Poor follow-up or aftercare. Premature discharge.
A doctor-patient relationship existed. The doctor was negligent. The doctor's negligence caused the injury. The injury led to specific damages. Failure to diagnose. Improper treatment. Failure to warn a patient of known risks.
Medical negligence occurs when a doctor or other health care professional provides sub-standard care to a patientin other words, the health care professional fails to provide the type and level of care that a prudent, local, similarly-skilled and educated provider would act with in similar circumstances.
The short answer is, yes, you can, since most states give you two to three years to bring a claim after malpractice occurs. The longer answer is, it depends on the type of injury and the state in which the claim is brought.
The requirements for establishing medical malpractice are often referred to as the four Ds: Duty, Deviation, Direct Causation and Damages.
Misdiagnosis. Many malpractice cases qualify as misdiagnosis. Delayed Diagnosis. This form of malpractice is similar to misdiagnosis. Failure to Treat. Sometimes a doctor arrives at the right diagnosis but fails to recommend adequate treatment. Surgical Errors. Birth Injury. Medical Product Liability.
Every medical malpractice case is subject to a statute of limitations a period of time in which a plaintiff is allowed to file his or her claim in court. Depending upon the type of case and state where the lawsuit is being filed, this time limit can be as short as a year or two, or as long as ten years.
Circumstances When Expert Testimony Is Unnecessary The medical provider had control over the item or situation that caused the injury. The injury was only possible due to the health care provider's failure to adhere to the normal standard of care.
In Tennessee, medical malpractice claims must be filed within one year of when the malpractice was discovered, but only up to three years after the incident occurred. An exception to this rule is for claims involving the insertion of foreign objects or for fraud or concealment.