Medical Malpractice Questions and Answers
Our Johnson City Medical Malpractice Lawyers Answer Commonly Asked Questions
Medical malpractice claims can not only help you get compensation for your injuries, but a successful claim could also potentially save 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 medical malpractice questions below or contact us 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 Johnson City medical malpractice attorneys prepare each case as if it will proceed to trial. Our 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 in Tennessee?
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.
There are several options for taking 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 has 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.
“Wrapped up the case quickly. Working tirelessly to get us settled and done! Olen Haynes Jr and all the staff at the Haynes firm are amazing! Highly recommend”- Mica
“We recently contacted Mr. Haynes about a possible medical malpractice. Although we ultimately did not have a case he was easily contacted and exhausted all possible avenues to confirm procedures administered by medical staff were necessary and life saving.”- Michelle
“Recently I had an accident case settled by the Haynes firm. Olen Haynes Jr. went above and beyond to make it happen, it wasn't easy with the covid situation but he worked diligently and got the case settled. I appreciate everything he and the staff did for”- Patricia