Medical Malpractice Lawyer in Nashville

We rely on medical professionals to provide care up to a specific standard. When medical professionals deviate from those standards, it can cause severe injuries and disease that impact every facet of victims’ lives. These medical professionals deserve to be held accountable to the fullest extent under the law. 

A medical malpractice lawyer in Nashville from Wettermark Keith can be your legal representative through every part of a medical malpractice lawsuit, from initial filings to final negotiations. We’ve recovered $1.5+ billion for previous clients and want to help you next.

Contact our offices online or call us today to speak to a Nashville personal injury lawyer about your case. 

What Counts as Medical Malpractice?

All physicians are legally required to abide by a specific level of care and professionalism. When a medical professional negligently violates these standards and causes injuries, they are liable for medical malpractice. The victim can file a lawsuit against the professional and other involved parties for their financial and psychological losses. 

Not all injuries from medical care count as malpractice. Medical professionals can make all the right decisions and bad things will sometimes still happen. The injury specifically must have been a result of the physician violating accepted standards of care.

Below are common examples of negligent medical practice:

• A physician misses obvious signs of cancer, and it metastasizes.
• A surgeon leaves surgical implements inside a patient’s body.
• A hospital dispenses the wrong medication to a patient.
• A clinic fails to perform a common lab test that could identify a condition. 
• An emergency room sends a patient with severe chest pain home, and they have a heart attack.
• A doctor causes physical injury by improperly performing a procedure.
• A neonatal ICU fails to monitor fetal distress and an infant suffers a hypoxic brain injury.

Given the nature of medical malpractice, expert testimony plays a key evidentiary role in lawsuits. An equally qualified expert can testify that your doctor fell short of the required threshold of care and committed avoidable errors. 

Filing a Medical Malpractice Lawsuit in Nashville: Procedural Requirements

To reduce the incidence of fraudulent claims, Tennessee has instituted some of the strictest procedural rules for filing medical malpractice lawsuits in the nation.

There are two main procedural requirements you need to satisfy before filing:

• Written notice of claim. Before you can file a lawsuit, you must first give the medical provider a written notice of your intent to sue. This notice must contain a written description of the complaint and a document allowing medical record sharing.  
• Certificate of good faith. You must also obtain a certificate of good faith. This is a document showing that you consulted a medical expert who gave their professional opinion that there is a basis for the lawsuit. 

Failing to fulfill either one of these conditions will result in your case being dismissed in court. A lawyer for medical malpractice in Nashville can help ensure you meet all filing requirements. 

Compensation for a Medical Malpractice Lawsuit in Nashville

A medical malpractice attorney in Nashville can pursue compensation for any losses you sustained due to your condition.

Depending on your circumstances, these may include:

• Additional medical care to manage malpractice injuries
• Lost work income and other employment compensation
• Reductions in your lifetime earning capacity
• Miscellaneous injury expenses (e.g., home modifications, housekeeping, etc.)
• Pain and suffering
• Emotional distress
• Mental anguish from scarring and disfigurement

Tennessee Caps Non-Economic Compensation for Medical Malpractice

Tennessee law caps the amount of non-economic damages (e.g., pain and suffering) in medical malpractice cases at $750,000. This cap holds regardless of whether the malpractice was one event or repeated events. 

There is one exception, though: In cases involving catastrophic injuries, the cap is increased to $1 million. A catastrophic injury is one that involves:

• Spinal cord injuries resulting in paralysis
• Third-degree burns over 40% of the body or face
• Amputation of both hands, both feet, or one of each
• Wrongful death of a parent with minor children

Time Limit for Filing a Medical Malpractice Lawsuit in Nashville

Tennessee has one of the shortest statutes of limitations for personal injury claims at just one year. You have a maximum of one year to file a lawsuit against a medical professional. After that, your legal claim to financial damages will expire. Any delays can harm your case, so you need to speak to a Nashville medical malpractice lawyer quickly. 

When Does the Timer Start?

With other personal injury cases, like car accidents, injuries are usually obvious, and so is when the clock starts. Medical malpractice is different, though. Injuries from medical negligence might not become apparent until several months or even years later. 

In these cases, the one-year timer starts from the date you discovered or could’ve discovered your condition. This discovery rule is to preserve fairness and pause the clock when you couldn’t have known about your condition.

However, in no case can you file if more than three years have passed since the medical professional allegedly committed negligence. This further statute of repose is an absolute limit on your ability to file a medical malpractice lawsuit.  

Contact a Nashville Medical Malpractice Lawyer From Wettermark Keith

Injuries from medical malpractice can drastically alter the trajectory of your life and finances. You deserve a chance to make things right and hold the responsible parties accountable for the harm they’ve caused. The team at Wettermark Keith won’t compromise on your case and will use every resource and strategy to secure the money you need.  

Fill out our contact form or call our offices today to schedule an appointment with a Nashville medical malpractice lawyer.