how long do you have to file a medical malpractice suite

I am not licensed to practice law in Tennesee so the following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds Tennessee licensure.

Medical malpractice is a special kind of negligence claim against a health care professional. To have a viable medical malpractice claim, you must be able to prove that the professional negligently breached the applicable standard of care, and that such negligent breach proximately caused you damages.

The fact that you are having health problems you didn't have before the surgery doesn't necessarily mean that those health problems were caused by the professional's negligence. Professionals don't have to be correct all the time. They are allowed to make mistakes. When there is a mistake, that doesn't mean there was malpractice. It sounds like the doctor thought you had a kidney stone, but you turned out not to have one. From this bare fact I cannot tell whether or not the standard of care was breached. Expert testimony is almost always necessary in medical malpractice cases to establish both a breach of the standard of care and to establish causation. Expert testimony is typically very expensive.

A lawyer who holds Tennessee licensure and who litigates medical malpractice claims will be able to conduct the kind of detailed questioning and evaluation necessary to determine whether you might have a viable medical malpractice claim.

Good luck.

I am licensed in TN, but do not currently practice there. Last time I reviewed the TN statute for Medical negligence it was only one year. I clerked in law school with an excellent medical malpractice lawyer in Memphis named Sadler Bailey. Call him immediately. You have not indicated what medical condition you did have nor did you indicate what problems you have arising from the unnecesssary procedure. You must have damages that result from the mistake in order to recover compensation.

Betsey Herd
Tampa, Florida