You seek to improve your health with the help of a doctor. It feels frustrating when your health worsens instead. You may wonder whether you have legal grounds to file a health care liability claim. Unfortunately, taking a doctor or hospital to court in Tennessee requires you to meet certain legal requirements before a judge can even hear your case.
Three things Tennessee law requires you to prove
Under Tennessee law, having a bad medical outcome or a steadily worsening condition does not automatically mean you are eligible for a health care liability claim. To bring a valid claim, you must prove all three of the following:
- The doctor failed to meet the recognized standard of acceptable professional care.
- The doctor’s deviation from that standard directly caused additional harm.
- That harm resulted in measurable damages, such as additional medical expenses, lost income or prolonged pain and suffering.
According to Tennessee’s statute of limitations, you must initiate your healthcare claim within one year from the date the negligent act occurred or from the date you discovered the injury. The law bars all claims three years after the date of the negligent act.
Steps required before you can file a claim in Tennessee
If you plan to sue, Tennessee law requires you to give the doctor or hospital a pre-suit notice at least 60days before you officially file your lawsuit. After the 60-day notice period passes, your attorney can file a lawsuit in court along with a certificate of good faith, without which the court may dismiss your case. Furthermore, you should gather all medical records to build a strong claim.
What a Tennessee healthcare liability claim involves
A worsening medical condition is deeply upsetting, but Tennessee law places very heavy legal burdens on patients who want to prove medical negligence. Filing a lawsuit involves strict deadlines, outside expert testimony and mandatory legal paperwork. An attorney experienced in health care liability claims can help you with this.
