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
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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.
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