Get The Compensation
You Deserve
- Get Payback For Your Pain
- Stand Up Against Medical Malpractice
- Win The Compensation You Justly Deserve
Tennessee Trial
Lawyer of the Year
Fall/Winter 2024
Patrick “Shea” Callahan
Cookeville TN Personal Injury & Medical Malpractice Attorneys
Patrick “Shea” Callahan and Andrew “Drew” Binkley practiced at the Law Offices of Jon E. Jones before forming Callahan & Binkley, PLC in 2016. The firm initially focused primarily on litigation and trial work in the areas of personal injury, products liability, medical malpractice, and contract disputes. The firm added family law and probate to the practice in 2018 when Amelia “Amy” Phillips joined the firm. Prior to attending law school, Ms. Phillips worked as a registered nurse. She uses her education and experience in health care to assist on personal injury and medical malpractice cases in addition to handling family law and probate matters.
We at Callahan & Binkley, PLC, have years of experience representing injured parties throughout the State of Tennessee. For a free consultation please call (931) 322-5055.
Types Of Medical Malpractice Claims We Handle
Surgical Mistakes
Birth Injuries
Misdiagnosis Or Delayed Diagnosis
Tennessee Medical Malpractice Laws
Understanding Tennessee law is critical if you’ve suffered harm due to negligence from your healthcare provider and are on the cusp of initiating a medical malpractice case. In Tennessee, medical malpractice is defined as the failure of a healthcare professional to meet the standard of care that a reasonably competent professional would have provided under similar circumstances.
To pursue a medical malpractice claim, you must establish that there was a duty of care, a breach of said duty, causation, and damages that came as a result. You’ll also need to ensure you bring your claim within the statute of limitations, which is only a year. This deadline generally begins on the date you realize the injury or should have realized it.
Tennessee medical malpractice law also covers compensation that can be awarded in these cases. It has set caps on non-economic damages, such as pain and suffering, at $750,000 in most cases. In instances of catastrophic injury, you may be eligible to have this cap raised to $1,000,000.
Given how complex Tennessee medical malpractice law can be, as well as the need for expert testimony in many of them, contact us for a consultation at the very least. In it, our medical malpractice lawyers will show you how we can navigate you through your entire case and increase your chances of getting all you’re truly entitled to.
We Handle Severe & Catastrophic Injury Cases In Putnam County
Severe and catastrophic injuries such as traumatic brain injuries, spinal cord injuries, severe burns, and amputations, just to name a few, can dramatically alter the course of your life. The extensive medical treatment, long-term rehabilitation, and significant lifestyle adjustments you’ll have as a result are some of the ways how.
At Callahan & Binkley, PLC., we specialize in handling severe and catastrophic injury cases not only in Cookeville, TN, where we are based, but in Putnam County as well. We provide compassionate and dedicated legal representation to victims and their families, knowing how difficult of a time the immediate aftermath of suffering a severe and catastrophic injury is. We are committed to securing the maximum compensation that adequately covers as much of your medical expenses, lost wages, pain and suffering, and other costs as possible.
With our years of experience and the relationships we’ve developed over this time, we work with a rich network of medical experts, vocational specialists, and life care planners to build as robust a case as we can that accurately reflect the long-term impact your injury will have on your life. We’ll tirelessly fight for your rights and work to ensure you see justice and financial compensation.
Personal Injury lawyer in Tennessee
An injury today might cause you more problems tomorrow including lost wages, medical bills, and other unexpected expenses. The laws in Tennessee allow you, the injured person, to hold who or what injured you responsible. You should hire an attorney for serious injuries. It is incredibly unlikely you will be fairly compensated without legal representation. Lawyers can help you with the complex process in resolving disputes in the legal system.
Examples of personal injury cases are:
- Car and truck accidents
- Product liability cases
- Slip/trip and fall
- Vehicle equipment failures
- Work-related accidents
The State of Tennessee does set time limits on how long you have to file your lawsuit following an injury. You should contact an attorney as soon as possible following an injury you think might have been caused by someone else’s negligence.
Medical Malpractice Success Stories
“Callahan and Binkley represented me in a complex injury case filed in federal court. My case was resolved a few months prior to the scheduled trial. While I am not permitted to discuss the terms, I can say that the ability and skill of their team made a lasting difference in my life. Everyone was professional and communication was excellent. I am forever grateful I found their firm and that they took on my case.”
– Ashley W.
Case Results
$30,000,000+ : Injury Verdict And Settlement Awards – Past 10 Years
Jury Verdicts
$16,100,000
Davidson County
Middle Tennessee
$16,000,000+
Medical Malpractice Injury
East Tennessee
$5,000,000+
Medical Malpractice Injury
West Tennessee
$500,000
Medical Injury
Frequently Asked Questions
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.
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.
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.
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.
Specializing In Family Law, Estates/Probate,
And Contract Disputes
Family law focuses on problems involving marriage, adoption, divorce, child custody, as well as other issues. Family law attorneys also provide help for people facing issues not thought of as family law.
Examples of family law areas are:
- Alimony
- Adoption and Foster Care
- Child custody and child support
- Divorce
- Emancipation
- Marital property
- Paternity
- Prenuptial Agreements
The State of Tennessee has specific laws related to divorce. We at Callahan & Binkley care about your family issues and are well able to provide our legal expertise. For a free consultation please call (931) 322-5055.
Estate planning helps friends and family understand your intentions, will, and wishes in light of your passing or incapacitation. Estate planning documents can spare your loved ones considerable pain and confusion and can help protect your family, legacy, and wishes for generations to come.
Estate Planning documents can help determine:
- Who you would like to care for your children or pets after you’ve passed away
- What type of medical treatment to give you in an emergency
- Who should make financial or medical decisions for you should you be incapacitated
- Deciding who will receive your money, goods, and other assets when you pass away
Probate is the legal process of validating a will and distributing assets according to the parameters of the will. An estate planning lawyer can:
- Help your family move through probate smoothly
- Certify that all documents are filed correctly and on time
- Ensure that outstanding debts are paid and settled properly
Allow the diligent attorneys at Callahan & Binkley, PLC to listen to your estate planning wishes and ensure that they are protected and honored. For an initial consultation please call (931) 322-5055 today.
A contract dispute occurs when a party to the contract either fails to perform his or her duties under the contract or disagrees with another party to the contract regarding the meaning of the terms and conditions of the document.
Examples of common contract disputes:
- Commercial leases
- Real Estate Contracts
- Construction Contracts
- Insurance Coverage Disputes
- Consumer contract disputes (product warranties)
- General material breach (refusal to follow set terms with the contract)
- Non-compete agreements
- Non-disclosure agreements (NDAs)
- Sale of goods contracts
We at Callahan & Binkley, LPC, care for our clients, listen to the specifics of each issue, and use our expertise to fight to win for our clients. For a free consultation please call (931) 322-5055.
Conservatorships occur when a judge appoints another person to care for or make decisions on behalf of a special-needs, vulnerable, elderly, or disabled person. Conservatorship can also be given to an adult caring for a child whose parents have passed away or who can no longer care for them.
The conservator will be responsible for arranging things such as housing, caregiving, education, medical care, transportation, and finances.
Health and personal conditions that could require conservatorship include…
- Dementia
- Alzheimer’s disease
- An intellectual disability
- A mental illness or psychiatric disorder
- Disabilities resulting from a severe injury, such as a traumatic brain injury
It’s common for a family member to petition for conservatorship over a vulnerable loved one. For example, you could petition a judge to be granted conservatorship over your special-needs sibling. It is still up to a judge whether or not to approve this petition.
Working with an estate planning and family law attorney can help you navigate the petitioning process with greater ease and help you better understand your responsibilities as a conservator. Alternatively, an attorney can help you petition for the removal of conservator status from a person whom you suspect of abuse, neglect, or financial mismanagement.
Medical malpractice happens when health care providers cause an injury by failing to provide reasonable care under the circumstances. This can include failures to follow guidelines, protocols, policies, or procedures that have been established to prevent the injury.
Examples of common medical malpractice are:
- Anesthesia errors
- Childbirth injuries
- Hospital infections
- Medication errors
- Misdiagnosis and delayed diagnosis
- Surgical errors
In Tennessee, medical malpractice cases are called “Health Care Liability Actions” and are governed by a complex statutory scheme. For example, these laws require an injured party to provide potential defendants with letters placing them on notice before filing suit. There are several technical requirements these letters must meet in order to maintain a Health Care Liability Action. Like other personal injury claims, there is a statute of limitations, or time limit, for filing a Health Care Liability Action. For this reason, you should contact an attorney as soon as you suspect a health care provider might have caused an injury to you or a family member. You should make sure to find an attorney who specializes in these cases and there are very few, if any, attorneys in Tennessee who handle as many Health Care Liability Actions than Shea Callahan. For a free consultation please call (931) 322-5055.
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Office Location
321 E. Spring Street
Suite 304
Cookeville, TN 38501
Phone: (931) 322-5055
Office Hours: Monday - Friday (08:00am - 05:00pm)
