Medical Malpractice Deadlines in Tennessee

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The legal world is an intricate part of our modern society. Whether you are in the aviation field flying planes, in the mining sector unearthing gold and other precious gems, or a fashion designer setting up the latest trends; in order to be truly successful in your trade, you have no option but to have at least one top-notch attorney in your team. The person who’ll be advising you in order to avoid overlooking any potential legal danger. Our world today has mutated into a society where having the right attorney stand up for you and your legal rights is critical. 

Different states vary in how their laws operate. The differences can be small or large at times. For example, the laws in Tennessee applicable to medical malpractice lawsuits are unique. You need to choose the right Nashville medical malpractice lawyer to navigate those aspects for you and then deliver the best result possible.

A Malpractice Case

A person can claim a medical negligence suit in the event that a physician acted in a way that fell below the applicable standard of care. This type of misconduct is commonly referred to as “negligence.” 

Rights and Privileges

Plaintiffs in medical malpractice suits have certain burdens that must be met, both with notifying the potential defendants prior to filing suit of the forthcoming lawsuit, to lining up an appropriate expert witness to offer a supporting expert opinion, to filing the lawsuit on time.

Understanding of Legal Terms and the Deadlines

One of the most common terms you may have heard that affects your right to filing a medical malpractice lawsuit encounter is the statute of limitations. The statute of limitations period is the amount of time you have from the day of the negligent event or the day you discovered that negligence caused your bad outcome until the last day you have available to file a corresponding lawsuit. 

Pursuant to Tennessee’s statutory law regarding medical malpractice actions, you have one year to provide proper, written presuit notice to the potential defendants. Then, you have a total of 1 year and 120 days from that one-year notice period started to run to file the lawsuit against any of those persons or entities to whom you sent presuit notice.  

Because there may be times when it is not discovered soon after an event that negligence caused the bad outcome, there is another limiting time period called the statute of repose. The statute of repose period is the outermost period of time you have, absent fraudulent concealment, to file a lawsuit. In Tennessee’s statutory law, plaintiffs are given three years from the date of the initial negligence or discovery that negligence caused the bad outcome to file the lawsuit pursuant to the statue of repose period.

Disadvantages of a missed deadline

All of these deadlines are significant. If you meet the deadlines, you have the right to pursue your lawsuit. If you miss any of the deadlines, you lost the right to pursue the lawsuit. Even missing any such deadline by one simple day can mean you completely lost the right to pursue your case.

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