Best Professional Malpractice Lawyers in Tennessee

About Professional Malpractice Law in Tennessee, United States

Professional malpractice occurs when a licensed professional fails to provide services at the standard of care typically expected in their field, leading to harm or damages to a client or patient. In Tennessee, professional malpractice covers a range of professions, including doctors, lawyers, accountants, dentists, architects, and other licensed experts. These cases fall under civil law and are intended to hold individuals or organizations accountable for negligent or wrongful acts performed during their professional duties.

Why You May Need a Lawyer

People seek the help of a professional malpractice lawyer in a variety of situations, such as:

• Experiencing harm from a medical error or misdiagnosis
• Receiving inadequate legal representation that led to a negative legal outcome
• Losing money or assets due to financial or accounting mistakes
• Discovering errors in a professional service that resulted in significant loss or injury
• Facing disciplinary action or a lawsuit as a professional alleged to have committed malpractice

A lawyer can help you understand your rights, determine if you have a valid claim, represent you in court or settlement discussions, and navigate the legal complexities associated with these cases.

Local Laws Overview

Tennessee has specific laws governing professional malpractice cases. Medical malpractice is covered under the Tennessee Health Care Liability Act, while other professional malpractice cases follow the general negligence laws of the state. Key local law aspects include:

• There are strict time limits to file a claim. The statute of limitations is typically one year from the date the malpractice was discovered or should have been discovered, with a maximum of three years from the date of injury.
• In medical malpractice cases, plaintiffs must provide written notice to defendants at least 60 days before filing a lawsuit.
• Expert testimony is often required to establish the standard of care and to show how it was violated.
• There are caps on non-economic damages in medical malpractice cases, limiting the amount recoverable for pain and suffering.
• The law may require a certificate of good faith, stating that the claim has been reviewed by an expert and is not frivolous.

Consulting an attorney familiar with Tennessee malpractice law is vital, as these requirements are complex and missing a procedural step can jeopardize a claim.

Frequently Asked Questions

What qualifies as professional malpractice in Tennessee?

Professional malpractice occurs when a licensed professional fails to meet the accepted standard of care in their field, resulting in harm or losses to a client or patient. This includes errors, omissions, or negligence in performing duties.

Who can be held liable for professional malpractice?

Any licensed professional - such as doctors, lawyers, accountants, architects, engineers, or others - can be held liable if their failure to meet the standard of care causes harm.

What is the statute of limitations for filing a professional malpractice claim in Tennessee?

Generally, you have one year from the date the injury was discovered or should have been discovered, but not more than three years from the date of the alleged malpractice. However, certain exceptions or specific rules may apply depending on the profession.

Do I need an expert witness to prove professional malpractice?

Yes, in most cases you must have an expert from the same field testify about the standard of care and how the professional failed to meet it. This is required in both medical and most non-medical cases.

Are there caps on damages in malpractice cases in Tennessee?

Yes, there are caps on non-economic damages (such as pain and suffering) in medical malpractice cases, currently set at 750,000 dollars to 1,000,000 dollars in certain catastrophic injury cases. These caps do not apply to economic damages like lost wages or medical bills.

Can a malpractice claim be settled out of court?

Yes, many malpractice claims are resolved through settlement negotiations before reaching a trial. An attorney can help negotiate a fair settlement with the responsible parties or their insurers.

What should I do if I suspect professional malpractice?

Document everything, save copies of important records, and consult a qualified malpractice attorney as soon as possible. Acting quickly is important due to the strict filing deadlines.

Is filing a malpractice lawsuit expensive?

Many malpractice attorneys work on a contingency fee basis, meaning you only pay if you win or settle your case. However, other costs such as expert witness fees may arise during the process.

How can I prove that malpractice caused my injury or loss?

You must show that the professional owed you a duty of care, breached that duty, and that the breach caused your injury or loss. Expert testimony is typically required to confirm these elements.

Can I file a complaint with a licensing board as well as a lawsuit?

Yes, you may file a complaint with the appropriate licensing board in addition to pursuing a civil lawsuit. Licensing boards can investigate and discipline licensed professionals independently of any legal claim.

Additional Resources

If you need more information or assistance, here are some helpful resources related to professional malpractice in Tennessee:

• Tennessee Board of Professional Responsibility - Handles complaints and disciplinary action for attorneys
• Tennessee Department of Health, Office of Investigations - Accepts complaints against health care professionals
• Tennessee Board of Accountancy - For issues involving accounting professionals
• Tennessee Health Care Liability Act - Statutes governing medical malpractice claims
• American Bar Association - Offers guidance on finding legal help
• Local Legal Aid Organizations - May provide assistance based on income or other factors

Next Steps

If you believe you have been harmed by professional malpractice in Tennessee, consider taking the following steps:

1. Document all relevant facts, including dates, correspondence, and any damages suffered.
2. Collect copies of contracts, reports, medical records, or other critical documents related to the case.
3. Consult a qualified professional malpractice attorney as soon as possible to discuss your situation and potential claim.
4. Follow your attorney’s advice regarding preservation of evidence, communications, and next legal actions.
5. Consider filing a complaint with the relevant licensing board, if appropriate.

Acting quickly is important, as strict deadlines and procedural requirements apply to professional malpractice cases in Tennessee. Speaking to a knowledgeable lawyer is the best way to protect your rights and explore your options.