Healthcare professionals are required to meet a high standard of care to ensure they do not cause harm to their patients. When physicians make medical errors resulting in a patient suffering harm or dying, they could be held legally liable for the resulting damages.
Many medical facilities purchase malpractice insurance to protect them from unexpected financial burdens arising from mistakes. Therefore, it is important for injured patients to seek guidance from an experienced injury attorney to make sure they are properly compensated for their harm. If you suffered an injury because of negligent health care, a Nashville medical malpractice lawyer could help you seek compensation from the negligent provider.
How Long Do Injured Patients Have to File a Claim in Nashville?
Under Tenn. Code Ann. § 29-26-116, someone seeking damages for medical malpractice has a year from the date of the injury to file a claim. However, if the person harmed does not discover the injury until more than a year after it occurs, the time limit for filing is one year from the date of discovery but no longer than three years after the injury’s occurrence.
Under particular circumstances, the three-year limitation may not apply, such as when a surgeon leaves a medical instrument inside the body of a patient or when a doctor knows of a mistake but avoids admitting it. A person without legal capacity to file a lawsuit, such as someone who is under 18 years of age or mentally incompetent, may file a claim within one year after gaining capacity, or regaining it. Someone who suffered harm due to a medical error in Nashville should contact an experienced attorney as soon as they suspect malpractice occurred.
Elements of a Medical Error Claim
In a health care liability claim against an individual practitioner or entity that provides medical services, a claimant must prove that the care they received fell below the standard of practice in the profession, or particular specialty, within the relevant community. This below standard care must have directly caused injury to the claimant.
A presumption of the medical worker’s negligence arises if two conditions exist at the outset of the lawsuit: (1) the caregiver had exclusive control over whatever caused the injury, and (2) the accident in question does not usually happen unless negligence is present. Without these conditions, the claimant bears the burden of proving the existence of negligence. With them, the caregiver has the burden of proving its absence.
Plaintiffs seeking legal recourse following negligent medical care could learn about the procedural and legal requirements of filing an action for damages by consulting with a Nashville lawyer.
Learn More from a Nashville Medical Malpractice Attorney
While everyone makes mistakes, an error by a healthcare professional can have grave consequences for the patient receiving care. Negligence in medical care can come in many forms, including a misdiagnosis, a failure to diagnose, an improperly prescribed medication or dose, an infection, or a mistake in administering anesthesia.
If you suffered harm due to a negligent medical provider, do not hesitate to seek legal guidance. Consult with a Nashville medical malpractice lawyer to see if you might collect damages through a civil claim.