Legal Question in Medical Malpractice in Tennessee

Re: Medical Malpractice and Class Action Lawsuits

1. Statute of limitations: There are "ways around" statutes of limitations (SOL). Most concern the 'discovery doctrine.' You can sometimes extend the SOL if the defendant did something to prevent the plaintiff from discovering the harm or the defendant's role in causing the harm. Also, when the SOL begins to run can be questionable. You may have an argument that the cause of action did not become ripe for some time. Without knowing more facts its hard to answer that question with more precision.

2. The SOL for class actions is going to be the same for the underlying cause of action. Rule 23 of the Tennessee Rules of Civil Procedure govern class actions. You may also find some information in a publication called, Tennessee Jurisprudence (a multi-volume reference book which you can find at a public or university law library). If you want to find out about a particular class action case, you may try the Internet, call the Clerk's office where the case is filed or call the plaintiff's lawyer's office. I hope this is helpful.

If you need any more information, please do not hesitate to contact me.