David Randolph Smith

David Randolph Smith Edmund J. Schmidt III
Phone:(615) 742-1775
Toll-Free:(800) 394-2119
Fax: (615) 742-1223

Nashville Medical Malpractice Lawyer
Tennessee Hospital Negligence Attorney

Medical malpractice is medical negligence and occurs when a health care provider (physician, hospital, nurse) violates the standard of care when providing treatment to a patient, causing the patient to suffer an injury. Prescription drugs and medication errors account for many malpractice cases.

In 2006 David Randolph Smith obtained a record $7.2 million verdict in a wrongful death-medical malpractice case in Warren County, Tennessee against River Park Hospital.

If you have suffered damages due to a surgical error, hospital negligence or emergency room mistake, contact an attorney at the Tennessee medical malpractice law firm of of David Randolph Smith & Associates at (615) 742-1775.

The firm received the AV rating under Martindale-Hubbell's peer review rating system. David Randolph Smith is certified by the Tennessee Bar as a Civil Trial Specialist and as a Medical Malpractice Specialist. He has been selected as a Mid-South Super Lawyer, as one of the the Top 100 attorneys in Tennessee (in all fields of prectice) he is included in the guidebook Best Lawyers in America.

David Randolph Smith, an attorney in Nashville, Tennesse, is one of only ten attorneys in the State of Tennessee certified as a Medical Malpractice Specialist by the Tennessee Commission on Continuing Legal Education and Specialization. There are over 13,000 attorneys in Tennessee. Call us at 1-800-394-2119 for a free and confidential evaluation of your case by a Board certified Tennessee medical malpractice attorney.

The firm has handled a number of landmark Tennessee Supreme Court medical malpractice cases cases for the plaintiff including:

  • Barkes v. River Park Hospital (Tenn. 2010) established that a hospital owes a separate stand-alone duty to a hospital patient to provide reasonable care. Case afirmed a $7.2M wrongful death verdict for a hospital's ngeligent failure to have an ER (emergency room) patient seen by an ER physician.
  • Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999) which changed 100 years of Tennessee wrongful death law by recognizing the right to recover damages for the loss of the deceased's love, affection, companionship and consortium;
  • Ashe v. Radiation Oncology Associates, 9 S.W. 3d 119 (Tenn. 1999) establishing causation standard in medical malpractice informed consent cases;
  • Foley v. St. Thomas Hosp., 906 SW2d 448, 453 (Tenn. 1995) establishing rights of next of kin in autopsy cases;
  • Recently the firm successfuly clarified the law on qualification of medical experts under Tennessee's medical malpractice locality rule in Travis v. Ferraraccio (Tenn. Ct. App., Sept. 19, 2005).

The firm has obtained millions of dollars in settlements and judgments in medical malpractice cases in Tennessee, Kentucky, Missouri and Louisiana. Case results depend upon a variety of factors unique to each case. Indications of past case results do not guarantee or predict a similar result in future cases. If you are seeking a Nashville medical malpractice lawyer (or for a case in any Tennessee city), we would be pleased to evaluate your case.

Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include: misdiagnosis of, or failure to diagnose, a disease or medical condition;failure to provide appropriate treatment for a medical condition; emergency room negligence; a defective or dangerous prescription drug; unreasonable delay in treating a diagnosed medical condition and a mistake in giving drugs or medication.

With over fifty years experience, the medical malpractice, personal injury and wrongful death law firm of David Randolph Smith & Associates has the experience and detailed medical knowledge you need on your side to recover from hospital mistakes, including: cancer misdiagnosis or delayed diagnosis; failure to diagnose a heart attack in an emergency room setting; anesthesia mistakes and medication errors due to negligence or pharmaceutical malpractice; birth injury due to obstetric malpractice or delivery room error; surgical errors such as wrong limb amputation; iInjury and death do to unreasonable wait time in the ER; failure to evaluate a patient's condition accurately; negligent operating room hygiene leading to a staph infection; failure to conduct a MRSA inspection if an outbreak of the so-called superbug is suspected or considered likely.

Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Medical Malpractice FAQs (link)

Legal Issues in Medical Malpractice

Limits on Malpractice Damages
Tennessee does not limit damages in medical malpractice cases.

Collateral Source Rule
Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage. In Tennessee there is a mandatory offset, except for private insurance or for assets purchased by the plaintiff.

Rules for Expert Witnesses
Expert witnesses must be licensed in Tennessee or in a contiguous state, and must have been in practice for at least one year prior to the date of the plaintiff's injury.

Statute of Limitations
Under Tennessee law, medical malpractice actions must be commenced within one year of the date of the injury or discovery of injury but in no event more than three years from the date of the negligent accident or occurrence (except in the case of foreign objects or fraudulent concealment).

Limits on Attorney Fees
Contingent attorney fees are limited to 1/3 of the recovery.

Additional Rules
Tennessee law provides for voluntary arbitration.

Why Use A Malpractice Lawyer
Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms. In retaining a Tennessee medical malpractice attorney it is important to consider that medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $50,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm. Call us at 1-800-394-2119 for a free and confidential evaluation of your case.

The Nashville personal injury and medical malpractice law firm of David Randolph Smith & Associates serves clients throughout Tennessee in communities such as Memphis, Knoxville, Chattanooga, Clarksville, Murfreesboro, Jackson, Johnson City, Franklin, Hendersonville, Bartlett, Cleveland, Columbia, Cookeville, Gallatin, Lebanon, Brentwood, Springfield, Dickson, Davidson County, Shelby County, Knox County, Hamilton County, Rutherford County, Williamson County, Robertson County, Cheatham County, Maury County and Montgomery County. We also serve clients in Alabama, Kentucky, Indiana, Mississippi and Illinois. AL, KY, IN, MS, IL.

When patients seek medical care, they deserve treatment that meets or exceeds the standard of care for the medical profession. Unfortunately, in many cases it's just the opposite.

Copyright 2005 Law Offices of David Randolph Smith & Asociates
All rights reserved.
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Last updated: 1/8/12