Generally speaking, you have one year to bring a claim and initiate a medical malpractice case in Tennessee. Per Tennessee law, this year begins on the date you discovered or should have discovered your injury. This statute of limitations is strict, so missing the deadline can bar you from pursuing your claim entirely.

This being the case, there is also a three-year statute of repose. This prevents you from filing a lawsuit more than three years after the date of the negligence, regardless of when you discovered your injury. As with anything else in the law, there are some exceptions, including cases that involve fraudulent concealment or when a foreign object is left inside a patient’s body.

Fortunately, under Tennessee law, you are able to file a medical malpractice claim even if your insurance company has already paid your medical bills. In Tennessee, the compensation from a medical malpractice claim covers more than just medical expenses; it oftentimes extends to include damages for pain and suffering, lost wages, loss of earning capacity, and other related costs.

The fact that your insurance company has paid some or all of your medical bills does not affect your right to seek additional compensation along these lines from the responsible entity. Given how particular your case is, it’s highly advisable you discuss it with a medical malpractice lawyer. The medical malpractice attorneys at Callahan & Binkley, PLC. are here for you during this immensely difficult time with a resolute dedication to providing tailored legal guidance and support for your unique situation that secures the most compensation possible.

As mentioned, there are various types of compensation (also known as damages) that you can win in medical malpractice cases. These include:

• Economic damages, which cover the financial impact of an injury, such as:
  • Medical expenses
  • Rehabilitation costs
  • Lost wages
• Non-economic damages that serve as compensation for intangible losses, including:
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • And more

In some instances, punitive damages may be awarded. The reasoning behind this is to punish particularly egregious conduct and prevent others from carrying out similar behavior in the future.

Tennessee caps non-economic damages at $750,000 per plaintiff, but it can increase to $1,000,000 when catastrophic injuries are suffered.

Although medical malpractice and medical negligence are often used interchangeably, there is a technical difference between the two terms.

Medical malpractice is used to denote a broad range of wrongful acts including negligence. More than this, however, it covers intentional conduct, breach of contract, and failure to obtain informed consent.

On the other hand, medical negligence refers to a healthcare provider’s failure to meet the standard of care that a reasonably competent professional would provide under similar circumstances. Think of it as a subcategory of medical malpractice.

The two terms involve a healthcare provider harming a patient via their action or inaction. They differ in that medical malpractice is a legal cause of action encompassing varying types of wrongful conduct, whereas medical negligence focuses on substandard care.