Medical Malpractice

Medical malpractice claims in Tennessee arise from healthcare providers' negligence, including surgical errors, misdiagnoses, birth injuries, or medication mistakes, leading to patient harm or death. A Johns Hopkins study estimates that medical errors contribute to over 250,000 deaths annually in the U.S. The Tennessee Health Care Liability Act (T.C.A. § 29-26-115 et seq.) governs these cases, requiring proof that the provider deviated from the accepted standard of care, causing the injury, supported by expert testimony. A 60-day pre-suit notice and affidavit from a qualified expert are mandatory. Compensation addresses economic losses (e.g., medical bills, lost wages) and non-economic damages (e.g., pain and suffering), which are capped at $750,000 (T.C.A. § 29-39-102). The statute of limitations is one year from discovery of the injury, subject to a three-year statute of repose (T.C.A. § 29-26-116).
 

Immediate Steps After Discovering Malpractice

1. Obtain Independent Medical Care: Schedule an evaluation with a different provider to assess the situation and secure additional records. Prompt intervention can reduce further damage and support causation evidence.

2. Compile Documentation: Gather all relevant medical charts, billing statements, timelines of events and symptoms, and correspondence with providers. Record any statements from healthcare staff.

3. Limit Communications: Avoid speaking directly with the involved parties or their insurers. Notify us immediately so we can coordinate all discussions.

4. Track Consequences: Document ongoing treatments (e.g., therapy sessions), income losses, and personal impacts. Retrieve full access to patient portals for complete records.
    

Building and Pursuing a Claim 

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At The Evans Law Firm, our attorneys manage the strict procedural demands of medical malpractice cases to establish liability and seek appropriate recovery:

• Meet Pre-Suit Obligations: We draft and submit the required 60-day notice along with an expert affidavit to substantiate the claim, which can lead to early disclosures or settlements.

• Engage Qualified Experts: We secure testimony from board-certified professionals (e.g., surgeons for operating room incidents) to demonstrate breaches in care standards and their direct link to harm, per T.C.A. § 29-26-115.

• Assess Comprehensive Damages: With input from life-care planners and economists, we calculate long-term costs (e.g., exceeding $500,000 for rehabilitation) and pursue punitive damages for willful misconduct, which face no cap (T.C.A. § 29-39-104).

• Navigate Insurance Responses: Following notice, we demand policy details and address delays through bad-faith actions under T.C.A. § 56-7-105 to access full coverage.

• Prepare for Litigation: In cases that proceed to circuit court after mediation, we focus on jury selection, evidence presentation (e.g., visual timelines of errors), and rebuttals to defenses like hindsight bias, grounded in established medical standards.

If you believe you've experienced medical malpractice, contact The Evans Law Firm for a free case evaluation.