Frequently Asked Questions
Have Questions About Medical Malpractice? We Have Answers!
Medical malpractice claims can not only help you get compensation for your
injuries, but you could be saving someone from being harmed in the future
by the same doctor, nurse, anesthesiologist, pediatrician, surgeon, or
nursing home staff member. Our Johnson City medical malpractice lawyers
have years of experience representing clients who have been the victim
of doctor or hospital negligence. We continue to advocate for our clients’
rights as we hold medical professionals responsible for their errors.
We know these kinds of cases can be complicated, especially when you are
trying to heal. Read our answers to some frequently asked questions below or
call our firm at 423-451-4999 to get personalized service based on your case needs.
The Haynes Firm offers
free initial consultations for all new clients.
How can a medical malpractice claim help me?
When you are healing, the last thing you want to think about are bills
and other expenses. As a part of our work in your medical malpractice
case, The Haynes Firm may be able to help you obtain compensation to cover
your medical expenses, pain and suffering, lost wages, and other damages
related to your injuries.
Will I have to go to court for my medical malpractice case?
If your claim cannot be settled outside of court, it could go to trial.
While many medical malpractice claims are resolved without trial, our
attorneys prosecute each case as if the case will proceed to trial. Our
medical malpractice attorneys have extensive litigation experience and
can effectively represent you and advocate for the compensation you may
deserve, whether we are in court or not.
Am I still able to file a malpractice claim if my insurance company already
paid my medical bills?
Yes! As a victim of medical malpractice, you have the legal right to pursue
compensation for your medical bills whether or not your insurance company
has already paid them. However, Tennessee Healthcare liability laws relating
to compensation for medical bills are different from other personal injury
cases, so you should speak with a knowledgeable attorney who can explain
the differences. You may also seek compensation for other losses including
lost wages, pain and suffering, scarring, therapy costs, and more.
How long do I have to file a medical malpractice claim?
According to the Tennessee medical malpractice statute of limitations,
if you or someone you know has been injured due to a doctor, nurse, or
hospital’s negligence or wrongdoing, you must place the provider
on notice of your intent to file a claim within one year from the day
the injury occurred or within one year of the day when the injury was
or should have been discovered. The notice must be provided in a very
particular manner in accordance with Tennessee’s Healthcare Liability
Statutes. In most cases, after three years from the date of the malpractice,
you are no longer able to file a claim. You should not conclude that your
case is barred by the statute of limitations or repose without first speaking
to an attorney who practices in the area of medical malpractice.
What can I do if I’ve experienced poor medical care but a malpractice
lawyer can’t take my case?
Not every failure on the part of health care can result in the filing of
a medical malpractice lawsuit. Unfortunately, we hear of stories of malpractice
and/or poor medical care every day, and we are simply unable to represent
all the victims. Egregious carelessness or offensive behavior on the part
of healthcare may not result in a legally actionable injury. However,
sometimes the behavior nonetheless needs to be addressed. We hope the
links below will help you take action on your own in the event that our
firm is unable to pursue a healthcare liability case (medical malpractice)
on your behalf. The State of Tennessee makes available a process wherein
the Division of Healthcare Facilities will review the specifics of your
complaint or concern, and investigate the incident(s). The healthcare
facility involved is then notified of the complaint. The complaint process
can include a finding that the healthcare facility’s behavior warrants
a citation or penalty.
Below, please find a link to the State of Tennessee website which outlines
your rights to lodge a complaint against a healthcare provider in the
State of Tennessee.
http://tn.gov/health/article/filing-complaints-against-health-care-professionals