Articles Posted in Medical Malpractice (Health Care Liability)

I was supposed to have an operation on my right ankle.  When I woke up I discovered that they operated on my left ankle.   Now, I have to wait to recover from the operation to the wrong ankle before they will operate on the ankle they should have operated on (the right ankle).  To top it off, I have a hospital-acquired infection in the left ankle and am receiving antibiotics via an IV.  Do I have a case?

Yes.  There is no excuse for wrong-site surgery.  The doctor may blame other operating room staff, and they may blame the doctor, but at the end of the day every person working in the operating room has a responsibility to know what ankle they are operating on.   The only exception to this rule is in you are asked, before receiving any type of sedative, to mark what ankle you are having surgery on and you mark the wrong ankle.  Then the wrong-site surgery may be considered partially your fault.

Tragically, this is a growing problem.  According to the Joint Commission on Accreditation of Hospitals, wrong-site surgery occurs 40 times a week in U.S. hospitals and clinics.  This estimate s based on voluntary reporting – one-half of the states do not require reporting.  Minnesota had 48 cases last year and Pennsylvania has averaged 64 cases for the past few years.

I believe I have a medical malpractice claim against a Tennessee hospital.  It is my understanding that lawyers who accept representation of patients in medical malpractice cases only get paid if they win the case but that they also charge for the expenses they incur in pursuing the case.  What type of expenses are incurred in the prosecution of a medical malpractice case? 

Most lawyers who represent patients in  medical malpractice litigation ask to be reimbursed for expenses they incur in prosecuting your case. Some lawyers hold the client responsible for those expenses if the case is unsuccessful. Other lawyers will “write-off” some or all of those expenses if the case is unsuccessful. The written fee agreement between you and the lawyer should disclose whether the client will be responsible for expenses if the case is unsuccessful, and therefore you should examine it carefully before agreeing to employ any lawyer.

Here is a list of the types of expenses that may be charged to your case:

What is the deadline for filing a medical malpractice case in Tennessee? 

The short answer to this question is one year plus one hundred-twenty days. But the issue is really more complicated than that.

Generally, medical malpractice cases must be initiated within one year of the incident which causes the injury. For example, if a doctor performs surgery on the wrong arm of the patient, the patient will have one year from the date of the surgery to initiate a claim. A new Tennessee law requires that medical providers be given 60 days advance notice in the proper form before being sued for medical malpractice. The notice must be given before the expiration of the time limit for initiating the claim, so generally within one year. If proper notice is given, the deadline for filing the lawsuit is then automatically extended by 120 days.

My mother was hurt in a nursing home in Chattanooga.  What it the time limit for filing a lawsuit against a nursing home in Tennessee?

You should assume that you must take appropriate legal action within one year of the date of the negligent act unless a lawyer aware of all of the facts advises you that you have more time. 

As you might guess, it is possible that there is an exception to the rule expressed above, but the application of the exception is fact-dependent and the law on the issue is complicated.  Thus,  please contact a qualified lawyer quickly so that an appropriate investigation can be made and the lawyer can determine the validity of the claim.  

What is the deadline for filing a medical malpractice case in Tennessee?

The short answer to this question is one year plus one hundred-twenty days. But the issue is really more complicated than that.

Generally, medical malpractice cases must be initiated within one year of the incident which causes the injury. For example, if a doctor performs surgery on the wrong arm of the patient, the patient will have one year from the date of the surgery to initiate a claim. A new Tennessee law requires that medical providers be given 60 days advance notice in the proper form before being sued for medical malpractice. The notice must be given before the expiration of the time limit for initiating the claim, so generally within one year. If proper notice is given, the deadline for filing the lawsuit is then automatically extended by 120 days.