Because of the intense training and knowledge required to be a physician, we all simply have to trust in the
expertise and training of the doctors that we rely on to diagnose and treat our ills. This inability to know for
ourselves whether a diagnosis or treatment is proper or improper is why there is a legal concept of "standard of
care." This is quite simply what a reasonably competent physician, surgeon, or healthcare practitioner is
required to do under the circumstances involving the diagnosis or treatment of a patient. When this standard of
care is not adhered to and results in injury or further injury, then the responsible medical practitioner can be
said to be "negligent" in regard to the accepted standard of care. In other words, if you have a complaint and
they fail to take the proper tests, recommend incorrect treatment plans, or prescribe inappropriate medication,
they are negligent if most competent physicians in your community would have routinely treated your symptoms
in the proper manner.
The potential for catastrophic injury or death in cases of negligent healthcare is apparent. However, on top of
any injuries that are sustained, victims and their families must also cope with costly medical bills, lasting
emotional pain, and loss of future income if the victim is permanently disabled because of this improper
Therefore, if a treating health care provider has proceeded in diagnosis and treatment in a negligent manner,
the proper course of action to recoup as best you can what has been lost may be to file a medical malpractice
lawsuit. When a health care provider's negligent actions cause an injury to someone else but do not rise to the
level of a crime, they are said to be a civil matter (as opposed to a criminal matter), which means that the issue
will be judged in a court of law with regard to proper compensation for the victim since monetary compensation
is the only thing aside from criminal penalties that can be awarded to the victim in the legal system. In extreme
cases of negligence, the victim may seek punitive damages to punish the negligent party and to deter others
from offering the same type of negligent healthcare.
We understand that your immediate goals after going through such trauma are to get your medical bills
covered, make sure you do not suffer financially through lost wages or loss of earning capacity, and to make
sure that your insurance company will cover any future treatment that relates to the injury you have sustained
because of negligent healthcare.
Also, you should realize that your treating physician is not the only individual that can be liable for medical
malpractice. You may also have received improper treatment from lab technicians, emergency medical
personnel, nurses, surgeons and physical therapists.
If you have sustained an injury as a result of medical negligence, give us a call and we can help you weigh your
options. We are experienced in determining whether malpractice has occurred by reviewing your medical
records and reviewing your case with reputable medical providers. Our fee comes from the compensation,
settlement, or award we procure for you, so we do not receive a fee unless and until you are compensated.
There are many types of medical malpractice claims, but here are some examples:
Brain and spinal cord injuries.
Prescription drug errors
Failure to detect diabetes
Delayed cancer diagnosis
Reduced usage of the arms and legs
Loss of sight
Loss of hearing
Orthopedic surgical injuries
Unreasonable conduct by a health care provider
Neglecting a patient and nursing home abuse
Blood clot mismanagement
Other dangerous treatment practices.
Jackson, TN 38305
|The Law Offices of LISA JUNE COX
COX LAW | OFFICES