Before you file a birth injury or medical malpractice lawsuit in Tennessee, you have to meet detailed and complicated requirements. Failing to comply with these requirements can hurt your claim, or it could be dismissed permanently. To bring a solid lawsuit, it’s important to know these requirements and how an attorney can help with your case.
Understanding TN Med Mal Lawsuit Requirements
In a medical malpractice lawsuit, you must show that a medical professional did not meet the expected standard of care, and another healthcare provider at a similar skill level and in a similar situation would not have made the same decision. However, before you can bring the lawsuit, you must:
- Send pre-suit letters. Each provider you plan to sue must be notified of the forthcoming lawsuit. Each letter must include a release of your information under the Health Insurance Portability and Accountability Act (HIPAA) and a list of all the healthcare providers you plan to sue. Additionally, the language in this letter must meet specific legal standards.
- Have a doctor review your case. Tennessee law also requires a qualified physician to take a look at your case and sign an affidavit saying that he believes you are likely to succeed based on the facts.
Bringing Your Lawsuit
Once you and your attorney have fulfilled the pre-lawsuit requirements, you must work together, gathering evidence that shows:
- You and the doctor had a relationship, meaning that he agreed to treat you.
- The doctor was negligent, and another physician of comparable qualifications would have chosen to treat more reasonably or skillfully.
- You suffered harm as a result of the negligence, which can be difficult to prove if you had any existing injuries or conditions.
- The injury resulted in damages, defined as either monetary loss for any costs or pain and suffering associated with the injury.
Hire an Attorney With Experience
If you’ve been injured by a doctor and want to hold him accountable, it’s important to contact an experienced attorney. The team at the Holton Law Firm has been winning cases for our clients for over 30 years, and we’ve recovered more than $260 million for them. Fill out the online contact form on our website to speak with us about your case.