Medical Malpractice Lawyer in Kingsport, Tennessee

When you go to a doctor or a hospital, you trust them with your life. When that trust is broken by a careless mistake, the results can be devastating: a missed cancer, a surgical error, a birth injury, a medication overdose, a patient left alone who should have been watched.

Medical malpractice cases in Tennessee are among the hardest cases in the law to bring. The rules are strict and the deadlines are short, and one misstep can end a case before it starts. I’m Robert Bates, and I handle these cases for families across Northeast Tennessee.

Tennessee calls it “health care liability”

Under Tennessee law, almost every claim that arises from medical care is a health care liability action. That label brings a set of mandatory requirements that don’t apply to an ordinary injury case.

60-day pre-suit notice

Before you can file suit, you must give written notice of the claim to every health care provider who will be named as a defendant at least 60 days before filing. The notice has specific content requirements, including a medical records authorization. When proper notice is given, the deadline to file is extended by 120 days.

Certificate of good faith

When the case requires expert testimony, which nearly every malpractice case does, the complaint must be filed with a certificate of good faith. It confirms that a qualified medical expert has reviewed the case and believes there is a good faith basis for the claim. A missing or defective certificate can get a case dismissed.

One year to file, and a three-year outer limit

The statute of limitations is generally one year from when you discovered, or reasonably should have discovered, the injury. On top of that, there is a three-year statute of repose. With narrow exceptions, such as fraudulent concealment or a foreign object left in the body, no case can be filed more than three years after the negligent act, even if you didn’t know about it.

Expert witnesses

Tennessee requires expert testimony to prove the standard of care, that it was breached, and that the breach caused the injury. The expert must meet specific qualifications. Finding the right expert early is one of the most important things I do in these cases.

Types of medical malpractice cases

• Misdiagnosis and delayed diagnosis, including cancer, stroke, heart attack and infection
• Surgical errors
• Birth injuries
• Medication and anesthesia errors
• Emergency room negligence
• Failure to monitor and nursing negligence
• Hospital-acquired infections and bed sores

Damages and caps

Tennessee caps noneconomic damages, such as pain and suffering, at $750,000 in most cases and $1,000,000 for catastrophic injuries. Economic losses such as medical expenses and lost income are not capped. In a serious case, documenting the full economic loss, often with life care planners and economists, is critical.

Why the details matter

Hospitals and their insurers defend these cases hard, and they look first for a procedural mistake that ends the case without ever reaching the merits. A late notice, a missing authorization or a defective certificate can do it. I handle those requirements myself.