Best Medical Malpractice Lawyers in Tennessee

About Medical Malpractice Law in Tennessee, United States

Medical malpractice law in Tennessee governs the legal responsibility of medical professionals and healthcare institutions when their actions or inactions result in harm to patients. In Tennessee, medical malpractice is considered a form of professional negligence by doctors, nurses, hospitals, or other healthcare providers. This area of law provides a way for injured patients or their families to seek compensation through civil lawsuits when substandard medical care causes injury, worsens a medical condition, or leads to wrongful death.

Why You May Need a Lawyer

Medical malpractice cases are often complex, involving technical medical evidence and detailed legal procedures. Individuals may need a lawyer in situations such as:

• Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the body.
• Misdiagnosis or delayed diagnosis of a serious condition, leading to incorrect or delayed treatment.
• Administering the wrong medication or incorrect dosage by a healthcare provider.
• Failure to obtain proper informed consent before a medical procedure.
• Negligence that results in birth injuries to a child or mother during labor and delivery.
• Ignoring or misinterpreting laboratory results leading to harm.

Because these cases require understanding both legal and medical concepts, an experienced lawyer can help evaluate whether malpractice occurred, gather necessary evidence, navigate Tennessee's unique legal requirements, and maximize your chances of receiving fair compensation.

Local Laws Overview

Tennessee has specific laws and procedures governing medical malpractice claims. Key aspects include:

• Statute of Limitations: Most medical malpractice claims in Tennessee must be filed within one year from the date the injury was discovered or reasonably should have been discovered. However, no complaint can be filed more than three years after the malpractice incident, with limited exceptions in cases of fraudulent concealment or foreign objects left in the body.
• Pre-Suit Notice Requirement: Before filing a lawsuit, claimants must provide written notice of the claim to each healthcare provider at least 60 days prior to filing a complaint.
• Certificate of Good Faith: Plaintiffs are required to file a certificate confirming that they have consulted with a qualified expert who believes there is a good-faith basis for the claim.
• Damage Caps: Tennessee limits non-economic damages for pain and suffering to 750,000 dollars in most cases, or 1,000,000 dollars in cases of catastrophic injury or death. There is no cap on economic damages like medical bills or lost wages.
• Comparative Fault: If the patient is found partially at fault for their injury, their compensation may be reduced. Tennessee uses a modified comparative fault rule, meaning compensation is barred if the patient is 50 percent or more at fault.

Frequently Asked Questions

What qualifies as medical malpractice in Tennessee?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management.

How long do I have to file a medical malpractice lawsuit in Tennessee?

Generally, you have one year from when you discover or should have discovered your injury, and absolutely no later than three years from the date of the alleged malpractice, with few exceptions.

Do I need expert witnesses to file a claim?

Yes, Tennessee law requires that a qualified medical expert supports your claim by providing testimony and that a certificate of good faith is filed by your attorney.

What damages can I recover in a medical malpractice case?

You may recover economic damages such as medical bills, lost income, and rehabilitation costs, as well as non-economic damages for pain and suffering, subject to the state's caps.

Is there a limit on the amount of damages I can receive?

Yes, non-economic damages are generally capped at 750,000 dollars, or 1,000,000 dollars for catastrophic cases. Economic damages like lost wages or medical costs are not capped.

What is a certificate of good faith?

This is a document filed at the beginning of your lawsuit stating that a qualified expert has reviewed your case and agrees there is a good basis to proceed with the claim.

What happens if I miss the filing deadline?

Missing the statute of limitations usually results in your case being dismissed, and you will lose your right to seek compensation.

Can I sue both the doctor and the hospital?

Yes, if both the individual healthcare provider and the institution contributed to your injury, you may file claims against both parties.

How much does it cost to hire a medical malpractice lawyer in Tennessee?

Most medical malpractice attorneys work on a contingency fee basis, meaning you pay only if they win your case. Fees typically range from 25 to 40 percent of your settlement or award.

What should I do if I think I am a victim of medical malpractice?

It is important to document everything, seek second medical opinions, and contact a qualified Tennessee attorney as soon as possible to preserve your legal rights.

Additional Resources

If you need more information or assistance about medical malpractice in Tennessee, contact or review materials from these organizations:

• Tennessee Board of Medical Examiners - Regulates and disciplines licensed medical providers in the state
• Tennessee Department of Health - Provides information about medical records and complaints
• Tennessee Bar Association - Offers lawyer referral services
• Tennessee Department of Commerce and Insurance - Regulates malpractice insurance and healthcare providers
• Local legal aid offices or advocacy groups focused on patient rights

Next Steps

If you believe you may be a victim of medical malpractice in Tennessee, consider taking these steps:

1. Gather all medical records, bills, and documents related to your care and injuries.
2. Prepare a written summary of your experience, including dates, providers involved, and outcomes.
3. Schedule consultations with one or more Tennessee medical malpractice attorneys. Many offer free initial consultations.
4. Ask about their experience with similar cases, fee structures, and how they evaluate potential claims.
5. Follow your attorney’s guidance about preserving evidence, communicating with insurance companies, and meeting important filing deadlines.

Prompt action and sound legal advice can make a significant difference in the outcome of a medical malpractice claim in Tennessee.