Tennessee Medical Malpractice Law
Tennessee medical malpractice law establishes the procedures for pursuing a negligence claim against a health care provider in the state. Tennessee medical malpractice law includes requirements for timely filing of a lawsuit, how to prove your case and the definition of medical malpractice.
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Definition
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Tennessee law defines medical malpractice as a unreasonable deviation from the standard of care owed to a patient. A blatant example of medical malpractice is leaving an instrument in a patient's body following surgery. Less clear examples of potential medical malpractice involve the omission of certain treatments or procedures that are utilized with other patients.
Time Frame
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A medical malpractice lawsuit in Tennessee must be filed within one year after a patient discovers an injury. However, a lawsuit cannot be brought any later than three years after the act or omission that gave rise to the injury in the first instance. The one exception is the discovery of a foreign object left by a health care provider in a patient's body. The patient has one year from that discovery.
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Compensation Caps
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Tennessee medical malpractice law does not cap the amount of money a patient obtains in a lawsuit. The amount a patient obtains for pain and suffering in Tennessee theoretically is unlimited.
Cap on Attorney Fees
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Tennessee law does cap the amount of attorney fees in a medical malpractice case. A lawyer can receive no more than 33 1/3 percent of all damages for attorney fees. Fee calculations are made after money is deducted for expenses incurred in pursuing the settlement or lawsuit.
Warning
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Pursuing a medical malpractice case is complicated. Your rights and interests likely are best protected through representation by an experienced medical malpractice attorney. The Tennessee Bar Association maintains a directory of attorneys in different practice areas, including medical malpractice law.
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References
Resources
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