Tennessee Medical Malpractice Statute of Limitations

In every state, there are laws to protect the patient against medical malpractice that may result in further injury or death of the patient.  If a doctor does not diagnose the problem, fails to provide the medically acceptable treatment, or delays the necessary treatment for an unreasonable amount of time, a lawsuit may follow.  However, the laws regarding malpractice may differ in each state.  For example, in the state of Tennessee, there is a mandatory offset of the award for collateral sources of compensation, unless it is insurance, or other assets that have been purchased by the plaintiff.

Time Limits for Filing a Claim in Tennessee

The state of Tennessee has one of the strictest statute of limitations for medical malpractice on the law books.  Former patients have one year from the time the malpractice occurred to file a claim.  If a foreign object has been left in the body, the individual has one year from the time it is discovered, or should have been found, to file suit.  If the individual that has been injured is a minor, he/she has one year from the eighteenth birthday to bring a case before the court.

Negligence Laws

According to the negligence laws in Tennessee, the standard for joint and several liabilities apply.  In other words, if damages are awarded, and the case involves more than one defendant, all are held equally responsible for the damages.  Therefore, if one of the defendants cannot pay, the other person(s) is responsible for the entire amount.  For specific information, see the following chart:

Award Limits in Tennessee

Many states have limitations, when it comes to punitive damages.  Most leave current and future medical expenses wide open to be judged on a case-by-case basis.  However, the state of Tennessee has no such limits in either case.  A jury will decide what the plaintiff deserves, if the defendant is found guilty of malpractice.

Legal Help

If you feel you have a case of malpractice to present to the court, you need professional legal representation.  Your emotions are running high, and you are too close to the situation.  You may even settle for less than you need or deserve, just so the case will end. A malpractice lawyer can make sure all of the relevant issues are addressed, and that you get what you need to pay for medical bills and provide support, if an income hast been lost.