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Tennessee Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: Do I have to assert all my claims against a medical facility at time of Pre-suit Notice?

Do I have to assert all my claims against a medical facility at the time of pre-suit notice or can the complete list of claims, and damages, wait until the time of filing suit?

What exactly MUST be included in the Pre-suit Notice?.... beyond what is spelled out in the statues? I mean,... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2021

A Texas or Tennessee attorney could advise best (the post straddles both jurisdictions), but your question remains open for five weeks. One reason the question was difficult to answer might be that med mal cases tend to be complex, commonly involving multiple parties, multiple legal theories, and... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Tennessee on
Q: Does a nurse practitioner,making decisions and giving MMI papers to a patient constitute negligence?

Had ACL,MCL,LCL,and level 4 break tibiial plateau surgery in February. Had knee infection surgery again in March, and again around the end of June. On July 27th,nurse practitioner gave me this paper saying I'd reached medical maximum improvement. I've been told only doctors can make that... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 8, 2021

A Tennessee attorney could advise best here, but your post remains open for two weeks. Additionally, your chosen categories cover different casualty areas, where state statutes might not necessarily overlap between personal injury and workers' comp regulations. Until you are able to discuss... Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Regarding pre-suit notice for medical malpractice, the HIPPA authorization is between respondents only correct?

Do I need to include a blanket release of information for all medical records or is it only pertaining it to practitioners involved in the case and receiving notice?

Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2021

The medical records release is for every medical provider you know about, and should include any other medical provider the defense wants to contact. Do not put restrictions on the Release of any type and give multiple addresses if needed for each

known provider. The defense will argue...
Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: My attorney had me sign for a settlement of $300k on my smith and nephew hip recalls. Not enough.

2006 Birmingham hip resurfacing from Dr. xxx Rome, ga. 4 months later had to switch to full hip replacement. Smith and Nephew metal on metal. Bloodwork resulted in high levels of Chromium and cobalt poisoning. 2018 Dr. xxxx Erlanger hospital Chattanooga tn. put in third hip replacement. next year... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2021

A Tennessee attorney could advise best here, but your question remains open for four weeks. Actually, not just a Tennessee attorney, but your attorney is really the one who holds the answers here. This appears to be a very complex file that involves a number of medical providers, a medical device,... Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Medical probs prohibit how to transfer to reg probation?

I have a spine reconstruction surgery amongst other problems what can I do to get it transferred to reg probation?

Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

You have not stated what your Sentence is. But your lawyer can move the Court to modify your Probation, listing those grounds. Crossing State lines would be a problem.

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Is there a time limit on malpractice issues?

It was a missed diagnosis relating to cancer

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

Stringent SOL applies of one year. But before that the plaintiff's Disclosure of medical providers and a Good Faith Affidavit is required by Statute. Hire an attorney today.

1 Answer | Asked in Personal Injury and Medical Malpractice for Tennessee on
Q: My aunts arm has been broken for the past 3 months of her going to doctors. Now they say there nothing can b done

She has not been able to feel, move, or sit up. She has been in the worst pain imaginable going to Drs and they didnt see it kept saying they didn't know why she hurt. On top of that her cancer came back

Tim Akpinar
Tim Akpinar answered on Jun 5, 2021

A Tennessee attorney could advise best, but your post remains open for a week. I'm sorry for what your aunt is going through. There wasn't a question here, but if you're wondering whether this situation provides your aunt with any legal recourse, it isn't possible to give... Read more »

2 Answers | Asked in Medical Malpractice for Tennessee on
Q: My neice went for a tonsil and adenoids removal surgery and the doctors ended up cutting her carotid artery can we sue.

They stated it was a vessel and tried telling my wife it was such and that they patched the vessel until she bled out profusely My wife goes to tell them that's no vessel that's a artery bleeding like that she also told them my neice wasn't herself a day or two after the surgery and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 29, 2021

What you are describing sounds like medical negligence. To determine if your niece should go forward with a claim we or any firm would want to review medical records. I am so sorry for what your niece is going through.

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3 Answers | Asked in Medical Malpractice for Tennessee on
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?

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 21, 2020

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-... Read more »

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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Spouse misdiagnosed w/ pharyngitis & ear infec but has covid. Malpractice?

My spouse went to a walk-in clinic and was diagnosed by a nurse practitioner with an ear infection and pharyngitis and was written an Rx for amoxicillin. His condition got worse after taking the medication. I did research and almost none of his symptoms aligned with an ear infection and only a few... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 26, 2020

A Tennessee attorney could advise best, but your post remains open for four weeks. This is something that would require a medical opinion. You could reach out to attorneys to discuss in greater detail. If an attorney identified a potential basis for a case, they could request the file and review it... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Tennessee on
Q: Do I have a case?

I have Multiple Sclerosis & had osteonecrosis from steroids. The surgeon gave me one option, partial knee replacement. He did warn me of a possible MS exacerbation and I said I understand that, I have had them before. He did not warn of permanent disability, severe muscle spasms, stiffness,... Read more »

Bennett James Wills
Bennett James Wills answered on Jul 17, 2020

Medical malpractice cases are far too complicated to answer on a simple forum such as this. You should shop around for a local attorney here on this website or elsewhere to review the facts and records of your case to best determine your options.

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: If I took a test and I was Informed I was positive but I was negative and they never informed me. Is it a lawsuit?
Tim Akpinar
Tim Akpinar answered on May 27, 2020

A Tennessee attorney could answer your question best, but your post remains open for three weeks. More information would be needed. An attorney would want to know what the test was for. Did the result place you in danger or severe anxiety? How much time elapsed between the incorrect test result and... Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Is it legal to be denied medical care just because you are incarcerated?

I went into labor while incarcerated and was in labor for a full day and repeatedly kept telling the guards at the jail who would not take me to the hospital. Finally I had no choice but to deliver my baby myself right there in the jail cell. Anything could have happened to me or my baby in that... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

The jail nurse should have assisted you when you notified the jailers of the birthing. But you probably have no damages, and this would be a Government Tort Liability Action which has alot of requirements and immunities. A few very experienced lawyers might see a cause of action, but i do not.... Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: I had a total ankle replacement due to osteoarthritis.iwas ia sent home with leg elevated above heart 23 hours a day.

Surgical wound did not heal, resulting in a r lower leg and ankle amputation. Dr done no blood flow test before surgery. I was also diabetic.

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

A Tennessee med mal attorney could advise you best, but your post remains open for two weeks. Although this description is very brief, your matter involves a very complex surgery. There wasn't a question here, but if you are wondering about your legal rights, the only way to determine that is... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Tennessee on
Q: Had a heat stroke fell face first. Was released from emergency room .went to see another Dr. His diagnosis was...

Emergency room ran no test ..another Dr.said i have fracture skull n bleeding on the brain...

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

You'd get the best input from a Tennessee attorney, but your question remains open for two weeks. From the description, it's difficult to tell exactly what happened. At any rate, it's unlikely that an emergency room ran no test(s). You could arrange a consultation with a Tennessee... Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Is there a time limit on filing a lawsuit for medical malpractice?
Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

It is usually one year from date of injury because of malfeasance. But prior to that you must give the Defendant access to all medical records and an Affidavit from a Medical Expert that you have a claim in Good Faith. This is only a bare bones answer to get you started. Start calling Medical... Read more »

2 Answers | Asked in Civil Litigation, Medical Malpractice and Wrongful Death for Tennessee on
Q: my friends won a financial setelment and she passed monday how can her husband find the case # he cant find any info

it was a law sute over the death of their unborn child. she kept all the family records and he cant find any paper work on the case of the lawyers name the money was to be transfered to their account wednesday she has been brain dead for 3 weeks and was removed from life support and passed monday.... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 17, 2019

There are several ways to find a Case as there are only so many Clerks of Circuit Courts and Federal Courts in your area. But are you sure a suit was filed in the first place? There may have been a Settlement without filing suit. You could start by calling every lawyer in the area and asking.... Read more »

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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: How can I sue if attorney's keep telling me nerve pain is normal?

I underwent an armpit surgery May 29, 2018. My surgeon damaged my medial nerve(confirmed by a Neurologist November 2nd, 2018 ) causing me to have another surgery 12/18/18performed by a hand and nerve trauma surgeon. I am attending pain management and just underwent a stellate nerve block to... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2019

You could see another physician about conducting the EMG/NCV tests.

Tim Akpinar

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: why does the hospital think they don't treat or practice medicine when I complaind about the care she had?

my wife was diagnosed with a sinus infection when she was complaining of severe stomach pain. but instead we went to another hospital and was told her Gallbladder was bad and had gallstones. had 2 surgeries to take it out. but when I called the original hospital and complained about the care she... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 17, 2018

Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least... Read more »

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