What Is The Statute Of Limitations On Medical Malpractice Claims?
Just like every other state, Tennessee imposes a statute of limitations on medical malpractice claims. This is the amount of time you have to file your claim. If you do not file your claim within this time limit, you will lose any right to file a claim. Once the statute of limitations expires, the liable party will raise it as a defense and the insurance companies and the courts will throw out your claim. Below, our Knoxville medical malpractice attorney explains the statute of limitations in these cases further.
Understanding the Statute of Limitations in Medical Malpractice Claims
Generally speaking, you have one year from the date medical malpractice occurred to file your claim. Most medical malpractice claims are governed by this deadline. Many people think that one year is lots of time to file a medical malpractice claim, but that is not true. Before filing your claim, a full investigation must be conducted and evidence must be collected to prove your case. All of this takes time and so, it is important to speak to a lawyer as soon as possible so they can get started on your case.
While the statute of limitations is a very strict law in personal injury cases, there are some exceptions to it.
The Discovery Rule
There are times when medical malpractice victims do not recognize their injuries right away. In these cases, the statute of limitations can be tolled, or delayed to one year from the date the injury was discovered, or should have been discovered. Still, under Tennessee law, no medical malpractice can be filed more than three years from the date of injury, even if it was not discovered right away.
Fraud
Medical professionals sometimes try to fraudulently hide the fact that medical malpractice occurred. In these cases, the statute of limitations can be delayed until one year from the date the fraud was discovered.
Foreign Objects
Foreign objects being left in the body cavity is one of the most common types of medical malpractice. Of all objects, sponges are the most common. When a foreign object has been left inside a patient, the statute of limitations can be delayed until one year from the date the object was discovered, or should have been discovered. Even if this time is three years from the date the malpractice occurred, a victim can still file their claim and will not lose their right to compensation.
Our Medical Malpractice Lawyer in Knoxville will File Your Claim on Time
If you have been a victim of medical malpractice, do not hesitate to speak to an attorney. At Atkins Brezina, PLLC, our Knoxville medical malpractice lawyer will file your claim in a timely manner so you obtain the fair settlement you deserve. Our attorney also practices with an MD/JD to gain a full medical and legal understanding of your case. Call us now at 865-500-3121 or connect with us online to schedule a free consultation and to learn more.
Sources:
law.justia.com/codes/tennessee/2010/title-29/chapter-26/part-1/29-26-116
tn.gov/health/health-professionals/hcf-main/filing-a-complaint.html
