Can you sue a hospital in Tennessee? Medical malpractice cases are both complex and sensitive, but a lawsuit can be filed against any licensed health care provider in Tennessee.
For victims in Nashville, understanding the nuances of medical malpractice laws is crucial when considering legal action. Armed with knowledge, patients can better protect their rights and seek the compensation they deserve.
If you’re considering hiring a Nashville medical malpractice lawyer, here’s what you should know.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, through a negligent act or omission, causes harm to a patient. This negligence might stem from errors in diagnosis, treatment, aftercare, or health management. For example, a malpractice case against former Tennessee nurse RaDonda Vaught found a “heavy burden of responsibility” for a drug error that killed a patient in 2017, leading to a full investigation.
For a claim to be valid, it must typically prove the following:
- The existence of a doctor-patient relationship
- The healthcare professional was negligent
- The negligence caused the injury
- The injury resulted in significant harm or damages
Not sure if you’re a victim of Medical Malpractice? Learn more with Leader Law.
Tennessee’s Medical Malpractice Statutory Rules
Like all states, Tennessee has its own set of rules and procedures specific to medical malpractice claims:
- Pre-Suit Notice: Before filing a lawsuit, the plaintiff must provide a 60 day advanced written notice to every healthcare provider they intend to sue.
- Certificate of Good Faith: In cases where expert testimony is needed, the plaintiff’s lawyer must file a Certificate of Good Faith. This confirms that they’ve consulted with a qualified medical expert and the claim has merit.
Statute of Limitations: How Long Do You Have to Sue?
Time is of the essence. In Tennessee, victims have one year from the date the malpractice occurred (or from the date they discover or should have discovered the malpractice) to file a lawsuit. There’s an overarching cap of three years from the date of the injury-causing event, regardless of when it was discovered. There are, however, certain exceptions, especially involving minors or cases of fraudulent concealment.
The Average Medical Malpractice Settlement in Tennessee
While every case is unique, understanding the potential worth is vital. In Nashville, like the rest of Tennessee, there is a cap on non-economic damages (like pain and suffering) which is currently set at $750,000 for most injuries. For a few defined injuries, the damage cap is $1,000,000.
There is no cap or limit on damages for lost earnings (past and future), medical related expenses necessary to treat the injury, or future care needs due to a catastrophic injury.
It’s essential to remember that each case’s specifics will impact the final settlement. Factors include the severity of the injury, the clarity of the negligence, and the impact on the victim’s life.
Leader Law: Nashville Medical Malpractice Attorney
Medical malpractice claims are not just about seeking compensation; they’re about seeking justice for wrongs committed by trusted medical professionals. As the intricacies of these laws can be overwhelming, partnering with an experienced attorney is essential for navigating the process effectively.
At Leader Law, our Nashville Medical Malpractice Attorneys have successfully assisted numerous victims of medical negligence in securing compensation. Our primary goal is to achieve exemplary outcomes for all our clients, regardless of the case nature.
Whether it’s an automobile accident, alcohol-related liability, medical malpractice, or personal injury, reach out to us to begin your journey to justice.