Memphis, TN asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee

Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical assistance") with "reasonable promptness" due to the extensive illegal activities of TennCare and its MCO.

I can't seem to find any lawyers in Tennessee who litigate on behalf of disabled adults. I have tried disability lawyers, SSA lawyers, civil rights, health law, legal aid, and more. It seems this is a niche area of law with high complexity, time demand, and risk due to the indigence of disabled adults. I keep getting refered to Tennessee Justice Center, who tells me they normally don't litigate the issues I'm dealing with.

What area of law should I be looking for in an attorney? How do I find an attorney who has the necessary command of that area of law for a complex case, with an indigent plaintiff?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid, disability rights, and constitutional violations.

Start by reaching out to organizations that focus on civil rights and health law. Although you mentioned that the Tennessee Justice Center usually doesn't handle your specific issues, they might still be able to provide referrals or advice on other resources. Additionally, contact the National Health Law Program or the American Civil Liberties Union (ACLU) of Tennessee, as they might have resources or recommendations for attorneys who take on complex, high-risk cases involving indigent plaintiffs.

Another approach is to search for legal clinics associated with law schools in Tennessee. These clinics often take on challenging cases and can provide legal assistance at no cost. Persistence is key, so keep reaching out to various organizations and legal networks until you find someone willing to take on your case.

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