Medical Malpractice Claims in Tennessee: Your Step-by-Step Guide

Medical malpractice occurs when a healthcare provider's negligence causes harm to a patient. If you or a loved one have been injured due to medical negligence in Tennessee, understanding the legal process for filing a claim is essential.

What is Medical Malpractice in Tennessee?

In Tennessee, medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care expected in their profession and this negligence results in injury or harm to the patient.

Steps to Filing a Medical Malpractice Claim in Tennessee:

1. Consult with a Medical Malpractice Attorney: This is the most crucial first step. An experienced attorney will evaluate your case, explain your rights, and guide you through the complex legal process.
2. Investigate Your Claim: Your attorney will conduct a thorough investigation, gathering medical records, expert opinions, and other evidence to build a strong case.
3. Send Pre-Suit Notice: Tennessee law requires that you notify each healthcare provider you intend to sue at least 60 days before filing a lawsuit. This notice must include specific information about the claim.
4. File a Lawsuit: If a settlement cannot be reached during the pre-suit notice period, your attorney will file a lawsuit in the appropriate court.
5. Discovery: Both sides will exchange information, including medical records, witness statements, and expert reports. This can be a lengthy process.
6. Mediation or Settlement: Many medical malpractice cases are resolved through mediation or settlement negotiations.
7. Trial: If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will decide the outcome.

Important Considerations:

• Statute of Limitations: In Tennessee, you generally have one year from the date you discover the injury to file a medical malpractice lawsuit, but no more than three years from the date of the negligent act.
• Certificate of Good Faith: Before filing a lawsuit, you must obtain a Certificate of Good Faith from a qualified expert who confirms that your case has merit.
• Damages: You can seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the malpractice.

Why You Need an Attorney:

Medical malpractice cases are complex and require extensive legal knowledge and resources. An experienced attorney can:

• Evaluate the merits of your case: Determine if you have a valid claim.
• Gather evidence: Collect medical records and expert opinions to support your case.
• Negotiate with insurance companies: Seek a fair settlement on your behalf.
• Represent you in court: Advocate for your rights if the case goes to trial.

We're Here to Help

At Jackson Legal Services PLLC, our compassionate and skilled attorneys are committed to helping victims of medical negligence get the justice and compensation they deserve. Contact us today for a free consultation.

Disclaimer: This article is for informational purposes only and should not be taken as legal advice. Consult with an attorney for guidance on your specific situation.