Steps necessary to sue a doctor in Tennessee

What Steps Are Necessary to Sue a Doctor in Tennessee?

May 15, 2024

When you fall victim to medical malpractice, it may be possible to file a suit against the medical provider in order to assist you in piecing your life back together. Not only can filing a lawsuit provide you with the resources you need to deal with the financial consequences of the mistake, but when you sue a doctor, it can also help ensure that you are able to cope with your pain and suffering, emotional distress, and the other day-to-day effects of your condition.

When suing a doctor in Tennessee, it is critical to take all necessary steps—and to do so in a way that helps to maximize your chances of securing a full financial recovery. While there is a clear roadmap to follow, it is easy to make costly mistakes without a clear understanding of Tennessee’s legal requirements. As a result, to give yourself the best chance of success, you will need an experienced medical malpractice lawyer on your side.

The Johnson City medical malpractice attorneys at The Haynes Firm have more than 70 years of combined experience helping victims of negligent healthcare providers seek compensation. If you have been injured or a loved one has died as a result of medical malpractice, we can assess your case—free of cost and obligation—to help you determine the best way to move forward with your claim. Call The Haynes Firm at 423-928-0165 to schedule your confidential case review today.

Steps to Take When Suing a Doctor in Tennessee 

There are many steps needed to seek fair compensation following medical malpractice in Tennessee, including filing suit against the negligent doctor or hospital. Steps that can help improve your chances of a successful claim include: 

Hiring an Experienced Medical Malpractice Lawyer 

The first step in suing a doctor in Tennessee is hiring an experienced medical malpractice lawyer to represent you. This step is critical to ensure that you do everything necessary to assert your legal rights effectively. Your initial consultation should be completely free and confidential, and you should not have to pay anything unless your lawyer helps you recover just compensation.

At The Haynes Firm, our experienced attorneys have successfully handled hundreds of medical malpractice cases. We work on a contingency basis, meaning we are only paid after we have secured a settlement or verdict in your favor. 

Determining Your Grounds to Sue 

Once you hire a lawyer to represent you, one of their priorities will be determining what grounds you have to sue. Medical malpractice can take many forms, and you need to be able to pinpoint the specific mistake that is responsible for your condition.

Suing a doctor in Tennessee requires two types of evidence. First, you need evidence of your doctor’s mistake which means that he or she failed to comply with the standard of care for his or her specialty. Evidence needed includes not only your medical records but also a report from a qualified medical expert explaining how your doctor failed to meet the requisite standard of care.

Second, you need evidence of the losses resulting from your doctor’s medical malpractice. Your medical records will be important here as well, but you may also need many additional forms of evidence to prove how much you deserve to recover.

The medical malpractice lawyers at our firm conduct thorough investigations into these claims to uncover all signs of negligence. In cases we believe have merit, we work with experts from a variety of medical backgrounds to ensure every instance of malpractice is meticulously detailed, enabling us to establish the value of your claim.

Filing Your Notice of Intent to Sue 

Before you can file a medical malpractice lawsuit in Tennessee, you must provide your doctor with notice of your intent to sue. For this notice to be valid, it must strictly comply with Tennessee’s statutory requirements. When you hire a lawyer to represent you, your lawyer will prepare and file this notice for you. Tennessee’s “notice” requirements are a common hurdle that lawyers unfamiliar with malpractice cases fail to execute correctly, thus often resulting in dismissal of the case.

At The Haynes Firm, we are thorough in our filing of legal documents to safeguard against potential delays. When you work with us, we will also protect you against potential retaliation, including threats and coercion that may come from the defendant’s insurance or attorneys. 

Negotiating with Your Doctor’s Insurance Company

Seeking just compensation for medical malpractice will most likely involve dealing with your doctor’s insurance company. Some medical malpractice claims are settled before going to trial. However, your lawyer’s experience and approach will play a direct role in the outcome of these proceedings.

The lawyers at The Haynes Firm will collect all necessary evidence to present a strong case to the defendant’s insurance company. We have decades of experience negotiating with insurance companies to secure the best outcome for victims of medical malpractice.

Making Informed Decisions About Settlement

Successful medical malpractice cases often result in out-of-court settlements. If you sue your doctor and your doctor’s insurance company makes a settlement offer, you will need to decide whether it is in your best interests to accept the offer or keep fighting for more. Making this decision requires a clear understanding of the long-term impacts of your doctor’s mistake.

The experienced negotiators at our firm have secured many significant verdicts and settlements for our medical malpractice clients. We are tireless advocates and fully devoted to ensuring settlements are fair and comprehensive.

Taking Your Medical Malpractice Lawsuit to Court (if Necessary)

If you don’t receive a fair settlement offer, the final step in the process of suing your doctor will be taking your lawsuit to court. Here, evidence will be presented to the judge or jury to seek a verdict on liability. If the verdict is in your favor, the judge or jury will also determine how much you deserve to receive for the consequences of your doctor’s mistake.

Our lawyers have been recognized for their success in the courtroom by Super Lawyers®, The National Trial Lawyers, and several other organizations. We build every case for the eventuality of trial to make sure our clients are protected under every scenario.

Request a Free Consultation with an Experienced Medical Malpractice Lawyer in Johnson City 

If you have been injured and you suspect medical malpractice played a role, contact The Haynes Firm online or call us today to schedule a FREE consultation at our Johnson City office. We serve people who have suffered injury due to medical negligence from all areas of Tennessee.

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