Damages in Medical Malpractice (Health Care Liability) Cases in Tennessee That Result in a Personal Injury

A person who suffers an injury giving rise to a Tennessee medical malpractice (now known as a health care liability)  case  has a right to recover damages for their injuries.  As a Tennessee medical malpractice attorney i am fortunate to have represented many people who have been injured as a result of an error by a health care provider.

Tennessee law provides that a medical malpractice victim can recover damages for the following:

  • medical expenses
  • lost wages
  • pain 
  • suffering 
  • disfigurement 
  • disability
  • loss of enjoyment of life.

If the injury  results in future or permanent physical or emotional problems, additional damages may be recovered for 

  • future medical bills related to the injury
  • future lost wages or lost earning capacity 
  • pain
  • suffering
  • disfigurement
  • disability 
  • loss of enjoyment of life.

The jury evaluates each of these elements of the damage claim and makes a decision as to the fair value of the claim.  Of course, these same factors are considered in reaching a settlement of the claim.

There is no artificial limit on damages to medical malpractice victim if  they were injured before October 1, 2011.  For those injured on or after October 1, 2012, Governor Haslam and the Tennessee General Assembly have placed an arbitrary limit on the damages that can be recovered.  Although there is no limit on the recovery of medical expenses and lost wages, there is an government-created cap of $750,000 for claims for pain and suffering, disfigurement, disability, and loss of enjoyment of life.  I believe the damage cap to be unfair, and hopefully the Tennessee Supreme Court will declare the damage caps unconstitutional.

There are a couple of exceptions to the $750,000 cap.  If you believe that you have a case and want to know  whether you fall within any exceptions to the arbitrary cap on damages please contact me at 866-812-8787 or fill out the contact form.