In 2010 the Tennessee General Assembly adopted the phrase "health care liability action" to encompass virtually all types of claims against health care professionals. This claims include all claims formerly known as "medical malpractice" or ‘medical negligence" cases.
The Legislature took this action because it was unhappy with a decision of the Tennessee Supreme Court that made certain ministerial acts by certain health care providers regular negligence rather than medical negligence cases. The practical impact of the court’s ruling was to reduce the cost of bringing certain types of cases, particularly in some of the cases involving nursing homes, because it eliminated the need for expert testimony in those cases. The Legislature intended to make it more difficult (expensive) to bring these lawsuits, so it broadened the definition of "medical malpractice" and "medical negligence" and then changed the name of this type of case to "health care liability" cases.
This action was one of multiple actions taken by the Tennessee General Assembly to make it more difficult for patients to file valid claims against Tennessee hospitals, nursing homes, doctors, nurses and other health care providers. All of these actions combined have resulted in a drop in the number of such cases by almost 50%.
I have been a medical malpractice attorney for over 30 years. Every day our law firm is forced to turn away cases that probably have merit because the Legislature has adopted laws making the prosecution of the cases so expensive and difficult. This saddens me as a lawyer, because I was taught that the law is supposed to provide a remedy for those who are harmed by the misconduct of others. Unfortunately, the Tennessee Legislature has a different view, and actively seeks to restrict the rights of Tennessee consumers to bring valid claims or collect fair damages in cases that are filed in court.
If you have been seriously injured as a result of a mistake made by a health care provider, or if you have lost a family member because of such a mistake, please call me for a free consultation. I cannot promise you that we can file a lawsuit on your behalf. I can promise you that we will listen and let you know if we are in a position to investigate the merits of your case.
You can call us toll-free at 866-812-8787 or you can fill out the Contact Form and we will call you. If you think you have a health care liability case, remember to act quickly. The failure to act within the time required by law will result in a loss of your rights.