Losing a loved one is devastating, and when it happens due to medical malpractice, the grief can be even more overwhelming. If medical errors lead to someone’s death, Tennessee law allows the surviving family members to seek compensation. But how do these cases work, and what should you know if you find yourself in this situation?
What qualifies as medical malpractice in Tennessee?
In Tennessee, medical malpractice happens when a healthcare provider fails to provide the standard of care that a reasonable medical professional would offer under similar circumstances. This failure can lead to harm or death. Common examples include misdiagnosis, surgical errors, and medication mistakes. If these errors lead to someone’s death, a wrongful death claim may be an option for the survivors.
Filing a wrongful death claim in Tennessee
If you believe that medical malpractice caused a loved one’s death, you must first file a wrongful death lawsuit. Tennessee law permits certain family members, including the deceased’s spouse, children, or parents, to file the claim. You must file the wrongful death case within a specific time frame, generally one year from the date of death. However, exceptions might apply, depending on the case details.
Proving the case and securing compensation
To win a wrongful death claim based on medical malpractice, you need to prove that the healthcare provider’s negligence directly caused the death. This requires expert testimony, medical records, and other evidence to show that the healthcare provider failed to meet the accepted standards of care. If successful, the surviving family members may recover damages, including funeral costs, lost income, and emotional distress.
Medical malpractice and its effects on family members
The emotional toll of losing a loved one to medical malpractice can be intense. Survivors may face financial challenges due to the loss of income and the costs associated with the death. The law allows family members to seek damages for both economic and non-economic losses. While no amount of money can replace the loss of a loved one, the compensation may help ease the financial burden.
Losing a loved one is not easy, especially when the death was preventable. If you believe your family’s tragedy was caused by medical malpractice, understanding the law and your options is an essential first step toward healing.
