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As a Memphis, Tennessee medical malpractice lawyer with the ability for members of our team to also investigate claims in Mississippi, Arkansas, and Kentucky, we thought it beneficial to discuss misdiagnosis of medical care and how this can affect the patient.
The state Supreme Court has overturned a lower court decision to dismiss a Tennessee medical malpractice lawsuit filed over hospital negligence for failing to fully comply with pre-suit notice requirements. Substantial compliance by the plaintiff to the pre-suit notice statute served the fundamental purpose and affidavit requirement could not be considered an excuse by the opposing litigant, the court ruled while restoring the Tennessee medical malpractice lawsuit set aside by the trial and appellate courts.
Richard Thurmond sued Clarksville-based Mid-Cumberland Infectious Disease Consultants in January 2012 claiming prescription of wrong medication by one of its doctors. The plaintiff visited the hospital following a severe urinary tract infection. Simi Vincent, the doctor, failed to prescribe appropriate antibiotics. As a result, Richard’s condition deteriorated, and he had to be hospitalized. The Tennessee medical malpractice lawsuit claims damages citing failure of the doctor and the hospital to take appropriate care and prescribe the right medication.
The plaintiff served a 60-day pre-suit notice to the hospital seeking damages for his suffering and expressing his intention to file a Tennessee medical malpractice lawsuit to press his claim against the defendant. However, the client did not follow the mandatory procedure of attaching an affidavit with his complaint confirming procedural compliance.
Making this an excuse, the defendant highlighted it as a violation of requirements set by the statutory provisions of T.C.A. §29-26-121m and sought the dismissal of the litigation by filing for a summary judgment. The Montgomery County Circuit Court dismissed the medical malpractice claim “reluctantly” citing procedural deficiency. An appeal against the ruling was also set aside.
The Supreme Court, however, took a considerate view and restored the Tennessee medical malpractice lawsuit. It ruled that substantial fulfillment by the plaintiff of pre-suit notice requirements leaves no ground to dismiss the claim and ordered for the trial of the litigation.
Tennessee Statute of Limitations
The statute of limitations sets a one-year time frame for filing of Tennessee medical malpractice lawsuits. A claim must be made within a year of the discovery of the malpractice and a 60-day notice mustbe served to the defendant. However, the three-year limitation is not applicable to TN medical malpractice lawsuits filed after the discovery of foreign objects left in the plaintiff’s body or any concealment by the hospital.
Tennessee Compensation Limitation
- Non-economic damages sought by a Tennessee medical malpractice lawsuit are restricted at $750,000.
- No cap on economic damages, including wage lost and medical bills.
- No cap on non-economic damages for medical malpractice leading to death and catastrophic injuries, such as above third-degree burns, organ amputation, death of parents, and spinal cord injury.
- No cap on non-economic damages if a medical malpractice lawsuit involves an intention to hurt, action under addiction, or willful destruction of evidence.
If you or a loved one in Tennessee, Arkansas or Kentucky believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.