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Knoxville Medical Malpractice Attorney > Blog > Nursing Home Malpractice > Five Mistakes to Avoid in Your Nursing Home Medical Malpractice Claim

Five Mistakes to Avoid in Your Nursing Home Medical Malpractice Claim


Medical malpractice is the third-leading cause of death in the United States and sadly, nursing home residents are some of the most vulnerable. Medical malpractice is defined as any negligent act or failure to act by a healthcare professional that results in another person’s injury or death. If you or someone you love has suffered due to medical malpractice, you may be able to file a claim against the negligent healthcare professional for compensation.

Personal injury claims involving medical malpractice are by far some of the most complex. A single mistake could result in you or your loved one not receiving the compensation your family needs. Below, our Knoxville nursing home malpractice attorney outlines what the most common mistakes are, and how to avoid them.

Assuming Malpractice Did Not Occur 

People trust doctors and other healthcare professionals to provide the best treatment possible and in most cases, they do. However, healthcare professionals can make a mistake just like anyone else. If you believe your loved one was hurt by nursing home medical malpractice, it is important to trust your instincts. Speak to a lawyer and an MD/JD who can review charts and test results to determine if malpractice occurred.

Failing to Follow Doctor’s Orders 

It may be difficult to trust another doctor after your loved one was a victim of medical malpractice, but they still need treatment for the injuries they sustained. Make sure they see a doctor, outside of the facility where the malpractice occurred, and that they follow through with all treatments. Failing to follow treatment will result in the insurance company for the nursing home arguing that they were not injured because they did not seek medical attention.

Failing to Document the Malpractice 

When filing a nursing home medical malpractice claim, you will need evidence to support your case. Speak to your loved one and take detailed notes about how the incident occurred and what exactly happened. Take pictures of any injury they sustained to prove the extent and severity of them. Also write down the names and positions of any staff members you speak to about the malpractice, and what they said.


You likely want to keep other family members informed of your loved one’s injuries, case, and the progress they are making during recovery. It is critical to think about how you do this. Do not share details of your loved one’s case on social media for any reason. Before speaking to anyone about the legal case, speak to a lawyer to ensure you will not say anything that may hurt your case.

Not Working with a Nursing Home Malpractice Attorney in Knoxville 

Filing a medical malpractice is never easy. At Atkins Brezina, PLCC, our Knoxville nursing home malpractice attorney works with an experienced MD/JD to provide both legal and medical advice. This is just one reason we have such a long track record of successfully helping clients. We can put our expertise to work for you, too. Call us now at 865-500-3121 or contact us online to schedule a free consultation and to learn more about your legal options.




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