Medical malpractice claims in Tennessee are difficult for a number of reasons. They usually involve great pain and suffering for the victim and their loved ones all related to negligent medical treatment or care. They are also expensive and time-consuming to pursue. But, most importantly, they are usually very complex cases, from both a medical and legal standpoint.
Medical Malpractice Is Complex
The complexities surrounding a medical malpractice claim in Tennessee start with understanding the basic statute of limitations for Tennessee malpractice claims. Legally speaking, the statute of limitations is the time in which a Plaintiff must file their lawsuit in court. If the lawsuit is not filed during this period, the Plaintiff will forever be barred from pursuing such legal action.
Filing A Medical Malpractice Claim
For instance, in Tennessee, you have one year from the date of an auto accident to file a legal claim against the negligent party and his/her insurance provider. If your claim is filed one year and one day after the accident, then your lawsuit will be dismissed. Medical malpractice claims in Tennessee carry a similar time frame, with limited exceptions. The medical malpractice statute of limitations in Tennessee dictates the following:
You Must File Within A Year
A Plaintiff has one year to file a lawsuit against the negligent doctor, nurse, hospital, or care provider from the date of the act of malpractice. For instance, if a surgeon negligently operated on the wrong disc in a patient’s back, he/she would have one year from the date of the surgery in Tennessee to pursue a malpractice claim.
You May File Within A Year Of Discovery
The exception to the one-year statute of limitations occurs if the patient was unaware of such malpractice and could not have reasonably known of such malpractice. In these cases, the patient has one year from the date of discovery of the malpractice.
Statute Of Repose
Like all legal matters, there is an exception to this exception. According to Tennessee law there is what is referred to as a “statute of repose,” which states that claims must be filed within three years of the negligent act, regardless of the date of discovery.
Fraudulent Concealment
Yet another exception to the “statute of repose” in Tennessee medical malpractice claims occurs is cases involving knowingly and fraudulently concealing something from the patient or when a foreign object was left inside a patient during surgery. These instances will follow one year from the date of discovery.
Chiozza Can Help With A Medical Malpractice Claim
If you or a loved one has been the victim of medical malpractice, immediately call a Tennessee malpractice attorney at The Chiozza Law Firm for a free and confidential case evaluation. The Chiozza Law Firm handles malpractice claims on a contingency basis, with the guarantee that we only recover a fee if we are successful in pursuing your claim. If we don’t make a recovery in your case, then you owe us nothing. We also pay all expenses related to your claim so that you are guaranteed to never pay any money out of your own pocket.
To speak with a member of our medical malpractice team call 901-526-9494 or email Attorney Brian Chiozza, brian@chiozzalaw.com, or fill out an online form here.
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