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Tennessee Medical Malpractice

Posted by attorney John Phillips

With so much obscurity surrounding medical malpractice law in Tennessee, it is not surprising that so many attorneys and so many doctors spend so much time arguing the case in front of a court of law. With all of this litigation and battling to be victorious in the eyes of the court, it is only natural that the law would evolve over the years. With this particular type of evolution comes a difficulty in understanding the exact letter of the law. While it is true that medical malpractice law in Tennessee is set down in the statutes, it is also true that much constant litigation has changed the meaning of the letter of the law and caused all manner of difficulty in the matter of correct interpretation of the law in the modern day. Considering the amount of attorneys arguing the case on a regular basis, it is not surprising that so much effort is put into reinterpreting the law in a way that benefits the patient more so than the doctor. As a continuing flood of individuals proceed to file suit against physicians, the evolution of medical malpractice law in Tennessee will continue its natural slide into becoming an instrument for the prosecution of physicians on a regular basis.

Tennessee State Malpractice Laws at a Glance:

Tennessee State Tort Law Statute of Limitations One year from date of original injury or after injury was discovered. After three years from the original injury, a suit may not be brought. Damage Award Limits No limits on damage awards

Joint Defendant LiabilityStatutes include provisions for joint and several liability, but may be overridden by State Supreme Court.Expert Witness

The expert witness must have practiced in corresponding specialty for one year preceding date of injury, and be licensed in the state or contiguous state.

Attorney Fees Attorneys fees limited to no more than 1/3 of awarded damages.

Defining Medical Malpractice Law in Tennessee

Arguing on the side of the plaintiff, it is only natural for lawyers to make every effort to cast physicians in a harsh light. With this effort comes precedent-setting legal rulings that cause all manner of changes to be made to existing law. With each precedent that is set in a court of law, future generations of plaintiffs have procured more ammunition against the physicians which they are battling in a court of law on a regular basis. With this effort to come out ahead in the battle against a physician, it is only natural to cite these types of precedents in their legal effort. When constant precedent is alluded to, it is only natural that the law itself would evolve to resemble that which is argued on a regular basis on the part of attorneys for the plaintiffs. Although not all plaintiffs are successful, in the case of medical malpractice law in Tennessee, when enough successful plaintiffs argue the same position, it sets a new precedent and causes all manner of changes to occur in the way that medical malpractice law in Tennessee is viewed and considered.

Understanding the Rights of the Victims

While it is true that medical malpractice law can sometimes be reinterpreted and construed on the behalf of the patient, it is also true that many plaintiffs who are otherwise deserving can be left with little recourse and are quite often on the losing side of the legal argument. In these cases, despite extreme suffering, the plaintiffs can be relegated to a position of minimal compensation, if any.

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