Medical Malpractice Laws in Tennessee

Medical malpractice is defined as an act of negligence by a medical professional that results in undue injury to a patient. Medical negligence may come in a variety of forms, including failure to provide appropriate treatment for a medical condition; misdiagnosing, or failure to diagnosis, a medical condition or disease; or an unreasonable delay in treating an already diagnosed condition. A medical malpractice lawsuit can be brought by the injured patient against any potentially responsible party, such as a doctor, nurse, counselor, or psychologist.

Laws regarding medical malpractice can vary from state to state. The following is a summary of medical malpractice laws in Tennessee to help you better understand the types of rules in a medical malpractice case in the Volunteer State:

The statute of limitations: In a medical malpractice action, the statute of limitations is one year from the date of the event or incident that led to the patient injury. Under no circumstances may a malpractice lawsuit be brought more than three years after the date on which the negligent act or omission occurred, except when there is fraudulent concealment on part of the defendant.
Malpractice Damages: Tennessee does not limit the number of damages that may be awarded in a medical malpractice case.

Use of expert witnesses: To utilize an expert witness in this type of case, the expert witness must be licensed in the state of TN (or a contiguous state), and also must have been in practice for at least one year prior to the date of the plaintiff’s injury.

Joint and several liabilities: Under this rule, where there is more than one defendant found liable for the patient’s injury, each defendant is individually liable for the entire amount of the judgment; i.e., if one defendant is unable to pay, the other defendant(s) are liable for the entire amount of the judgment.
Attorney fees: Contingent attorney fees are limited to one-third of the total recovery.

Medical malpractice law is highly technical and the cases tend to be defended by aggressive, well-funded defense firms. Therefore, hiring a knowledgeable Chattanooga medical malpractice attorney will increase a plaintiff’s chance of winning his or her claim. At Massey & Associates, P.C., our legal team is dedicated to helping victims of medical malpractice obtain the necessary compensation to help them recover from their medical injury. For a no-cost consultation, call (423) 697-4529. Get a knowledgeable attorney who understands the medical malpractice laws in Tennessee.