Q: How long can I wait to file a malpractice suit in Tennessee.
Is it based on the date of injury? Or when the malpractice is actually discovered?
A: The discovery rule applies in Tennessee. However, the date of injury may have put you on notice of a claim. - It will depend on the facts. Also, there is an outer limit statute of repose for medical malpractice- meaning that if it is longer than the statute of repose then it is simply barred- regardless of the date of injury or the discovery. If it is a medical malpractice case- the law is really so complicated a person is really not able to navigate the legal and procedural requirements without a lawyer. This is one area in particular where you should contact a lawyer.
Anthony M. Avery agrees with this answer
A: Prior to filing suit you must give the defendant names and addresses of every medical provider the victim has ever heard of. Then you need a good faith claim letter from a MD. All of this prior to filing suit. Hire a lawyer now or forget about it.
A: The 1 year statute of limitations for a medical malpractice claim in Tennessee is extended 120 days but you must send notice of potential claim to all potential defendants within the 1 year statute of limitations. The notice of potential claim must comply with the statutory requirements or your lawsuit may be dismissed. Also, you must wait at least 60 days to file a lawsuit after you give notice of a potential claim or your lawsuit may be dismissed. BOTTOM LINE … contact a Tennessee medical malpractice lawyer because the law is designed to help the medical care providers, not injured patients.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.