Legal Question in Medical Malpractice in Tennessee
Statue Of Limitations
I would like to know the statue of limitations for a medical malpractice suit for the state of tennessee. I would also like to know the procedure for getting a case started against the Doctor if time has not run out.
1 Answer from Attorneys
Re: Statue Of Limitations
I just received your question from the bulletin board service.....I do not know why it took them so long to send it to me. Now to your question about the statute of limitations for medical malpractice in Tennessee: This is a "tricky" statute in that it depends on when you learned of the negligence (malpractice). If you learned or should have learned of the negligence during the first year after the negligence, then you have that year (365 days) to file your lawsuit. If you did not learn of the negligence until after one year, then you have three years to "discover" the negligence. If you discover the negligence within that three year period, you have one year from the date that you discovered the negligence to file your lawsuit. However, if a minor is involved, this time limit does not apply and I would need to discuss this in detail with you to determine the applicable statute of limitations....As far as starting a lawsuit, your medical records would have to be reviewed in detail and most of the time an "expert" would have to be consulted in order to determine if in fact an act of malpractice has been committed. If this can be shown, then a lawsuit could be filed.....Hope this helps you. Bill Poland