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 Tennessee medical malpractice laws 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 liability: 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) 396-0720.
