Case Consultation
(423) 888-3030
Negligence by anyone in the medical field can have severe consequences for the patient impacted by it. A missed or incorrect diagnosis, a medication error, or a mistake during surgery could result in a patient not getting the treatment they needed for their original condition or cause them even worse harm than they would have sustained had they not sought treatment at all.
State law imposes numerous restrictions on civil claims against healthcare practitioners that do not apply to other forms of personal injury litigation, which makes retaining a knowledgeable personal injury attorney essential. If you were injured by a health care professional, a Hamilton County medical malpractice lawyer could help you navigate all the procedural steps necessary to enforce your right to recovery and protect your best interests.
As per Tennessee Code §29-26-116, the statutory filing deadline for most medical malpractice claims is one year from when the actual act of malpractice occurred. However, if a malpractice victim does not discover the injury within this period, they will instead have one year from the date of discovery to file suit. This discovery rule allows a maximum of three years after an injury actually occurs for litigation to begin.
Additionally, under TN Code §29-26-121, anyone who intends to sue a medical professional for malpractice must notify their intended defendants in writing no less than 60 days before filing their complaint. A well-versed attorney in Hamilton County could assist an individual with creating this medical negligence notice, including necessary information on their behalf to help ensure the claim is valid.
Either alongside their initial complaint or within 90 days of filing that complaint, the plaintiff in a medical malpractice claim must submit a certificate of good faith under TN Code §29-26-122. The certificate must affirm that the plaintiff consulted with at least one qualified medical expert who agreed that their case has merit or that the evidence available at the time of filing does not conclusively prove or disprove a good-faith basis for litigation. Anyone who fails to comply with this requirement may have their case dismissed with prejudice, which would prevent them from filing that claim again.
In this context, the medical expert must have the following qualifications:
A practiced lawyer in Hamilton County could answer questions about these and other special requirements for physician malpractice claims like this during a private consultation.
For various reasons, seeking civil compensation for injuries caused by a negligent health care provider can be incredibly challenging. Without support from a legal professional who has achieved successful results in similar cases before, you may have a diminished chance of establishing fault for your injuries or recovering the restitution you deserve.
Representation from a Hamilton County medical malpractice lawyer could be crucial to preserving your legal rights and future prospects in a complex, high-stakes situation like this. To get started, call our team as soon as possible.