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Tennessee Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Can I sue my gynecologist for pain and suffering. I have been to the gynecologist four times.

My first appt was for a cervical biopsy, it came back insufficient.

Went back second time same thing

Went back third time, finally a good test. But they are running the wrong test.

Came back again upset, they finally ran a pap

Go to surgery today and can’t have... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2023

Medical malpractice requires a breach in the standard of care and damages from the breach.

A doctor would have to provide if there was a breach. You do have damages, but you would need attorney consultations to determine if the damages warrant bringing a case.

1 Answer | Asked in Medical Malpractice, Personal Injury and Health Care Law for Tennessee on
Q: Do I have to pay to have botched fillers dissolved? Should I sue?

I got 2 syringes of lip fillers September of last year which cost me 1,800 USD. A few weeks after recovery, I noticed a large pooling of filler to which my esthetician assured me was normal and to rub the nodule, and give it time. Over time, however, it grew worse. Recently, I have had the nodule... View More

Anthony M. Avery
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answered on Aug 7, 2023

If this is a TN case, then you are about to run out of time under the SOL. Health Torts require a Good Faith Claim Affidavit PRIOR to suit. Unless you find a malpractice lawyer immediately that can find someone to assert negligence, you have already lost. The potential damage award may not... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Q: Would I have a case for malpractice?

My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced attorneys. Use Justia search to find an attorney....
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1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: How hard is it to prove medical malpractice?

Stitch left in too long

Osteomyelitis

Spent almost 9 months in bed recovering

Had to have limb saving surgery

Have no guarantee it won’t come back at any time

Anthony M. Avery
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answered on Feb 9, 2023

Extremely hard. If you wish to pursue it, then gather all your medical records and bills, then contact a malpractice attorney. Just filing suit within 1 year of injury does not suffice, but requires many notices and an affidavit from a Doctor. Contact malpractice attorneys here on Justia to... View More

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Can The hospitals debt collector send an email with what’s owed to someone that doesn’t have access to my medical info.

I’m working with the hospital on setting up a payment plan since I gave birth. However it seems their debt collector I’m assuming has emailed a member of my family about how much is owed on my bill with account information noted. This relative is not listed anywhere in my medical records to be... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 2, 2023

This would be improper actions by a company hired to collect the debt.

2 Answers | Asked in Medical Malpractice for Tennessee on
Q: Can it be malpractice if sent back to work with disc protrusions in my back without restrictions.

I have been seeing a doctor for a work related back injury and he has sent me back to work with no restrictions 2 times now with both resulting in failure and his recommendation was to just change line of work after the second time it failed he did another more imaging and actually found the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 29, 2023

Yes. If sending you back was below the standard of care, and you have harm from that, you may have a case.

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case.

Consult with experienced attorneys in the state where...
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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: I went to ent for vertigo and they said it was loose crystals in inner ear. They fixed it after 3 months but didn't tell

They forgot to tell me that the nerve going from inner ear to brainstem was almost totally damaged. I asked why I didn't feel better and they said to give it time. After 2 yrs with dizziness and sickness I go back (would have went back sooner but no insurance) and the oncologist tells me they... View More

Joel Gary Selik
Joel Gary Selik
answered on May 3, 2023

It is a potential case. Consult with experienced attorneys. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

2 Answers | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: How to file and find a malpractice lawyer for free in Tennessee

In June of 2022 I had hernia surgery and a week later had to have emergency surgery because the first surgeon cut off the blood vessel going to my right testicle, I've tried to deal with it but it's made me so depressed and not very manly that I've tried to find a way to fix it but I... View More

Kevin S Brummett
Kevin S Brummett
answered on Feb 20, 2023

The Tennessee Healthcare Liability Act is not the easiest to follow. While not a complete answer, you must show some deviation from a standard of care and then an act that is not a known risk. Please feel free to reach out to us at Howe.Law if we can be of any help.

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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,... View 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... View 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... View 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... View 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
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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...
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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... View 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,... View 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
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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
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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... View 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... View 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-... View More

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2 Answers | Asked in Medical Malpractice for Tennessee on
Q: Can a oxygen company refuse me as a client because they can't bill my insurance but for so many months?
Anthony M. Avery
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answered on Nov 3, 2020

Absolutely...

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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... View 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... View 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,... View 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.

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