Articles Posted in Medical Malpractice (Health Care Liability)

I believe I have a medical malpractice claim against a Tennessee hospital.  It is my understanding that lawyers who accept representation of patients in medical malpractice cases only get paid if they win the case but that they also charge for the expenses they incur in pursuing the case.  What type of expenses are incurred in the prosecution of a medical malpractice case? 

Most lawyers who represent patients in  medical malpractice litigation ask to be reimbursed for expenses they incur in prosecuting your case. Some lawyers hold the client responsible for those expenses if the case is unsuccessful. Other lawyers will “write-off” some or all of those expenses if the case is unsuccessful. The written fee agreement between you and the lawyer should disclose whether the client will be responsible for expenses if the case is unsuccessful, and therefore you should examine it carefully before agreeing to employ any lawyer.

Here is a list of the types of expenses that may be charged to your case:

What is the deadline for filing a medical malpractice case in Tennessee? 

The short answer to this question is one year plus one hundred-twenty days. But the issue is really more complicated than that.

Generally, medical malpractice cases must be initiated within one year of the incident which causes the injury. For example, if a doctor performs surgery on the wrong arm of the patient, the patient will have one year from the date of the surgery to initiate a claim. A new Tennessee law requires that medical providers be given 60 days advance notice in the proper form before being sued for medical malpractice. The notice must be given before the expiration of the time limit for initiating the claim, so generally within one year. If proper notice is given, the deadline for filing the lawsuit is then automatically extended by 120 days.

My mother was hurt in a nursing home in Chattanooga.  What it the time limit for filing a lawsuit against a nursing home in Tennessee?

You should assume that you must take appropriate legal action within one year of the date of the negligent act unless a lawyer aware of all of the facts advises you that you have more time. 

As you might guess, it is possible that there is an exception to the rule expressed above, but the application of the exception is fact-dependent and the law on the issue is complicated.  Thus,  please contact a qualified lawyer quickly so that an appropriate investigation can be made and the lawyer can determine the validity of the claim.  

What is the deadline for filing a medical malpractice case in Tennessee?

The short answer to this question is one year plus one hundred-twenty days. But the issue is really more complicated than that.

Generally, medical malpractice cases must be initiated within one year of the incident which causes the injury. For example, if a doctor performs surgery on the wrong arm of the patient, the patient will have one year from the date of the surgery to initiate a claim. A new Tennessee law requires that medical providers be given 60 days advance notice in the proper form before being sued for medical malpractice. The notice must be given before the expiration of the time limit for initiating the claim, so generally within one year. If proper notice is given, the deadline for filing the lawsuit is then automatically extended by 120 days.

What percentage of medical malpractice cases that go to trial in Tennessee are won by the patient?

About eighteen to twenty percent of cases that are tried are won by the patient.  The rest are won by the health care provider.

This makes it sounds like the rest of the cases are frivolous.  They are not.  In the other cases there can be a legitimate basis for disagreeing on the issues in the case, and in our society those disagreements are resolved by juries.  In the cases that are lost there is always at least one licensed health care professional who has testified that the defendant health care professional committed one or more negligent acts.  To be sure, the defendant and his or her experts disagree with that, but it is that disagreement that is resolved by a jury.