Is it too late to bring a lawsuit against my doctor? It happened in Memphis, Tennessee and I don’t know the statute of limitations for medical malpractice cases in Tennessee.
The statute of limitations for Tennessee medical malpractice cases is extremely complex. It’s virtually impossible to answer this type of question without understanding the facts of what happened. The safest approach to understanding the time limitations for a Tennessee medical malpractice case is to consult with experienced and reputable Tennessee malpractice attorneys. However, here are a few basic facts to consider:
In general, there is a one year statute of limitations for Tennessee medical malpractice cases.
Under normal circumstances, the statute of limitations is one year from the date the patient knew, or should have known, of the malpractice. In some cases this rule is easy to follow. In other cases, the question can be more difficult to answer. For instance, if you are supposed to have surgery on your right knee and you awake to see that the surgery has been performed on your left knee, clearly you have knowledge of the malpractice. However, medical mistakes can often be made, for instance during surgery, and the patient may not become aware of the mistake for months or even years. This is known as the “discovery rule.”
Children and mentally incapacitated people can have up to three years to file a Tennessee medical malpractice lawsuit.
If the injured patient is a minor or is mentally incapacitated, the statute of limitations may be extended to one year from the day the person reaches the age of majority (18) or one year from when the mental incompetency is removed.
Only in rare circumstances can you file a Tennessee medical malpractice case after three years from the date of malpractice.
In Tennessee, the discovery rule and the extended period of time for minors and incapacitated persons, typically does not go beyond three years. Tennessee thus has one of the shortest statutes of limitations for minor children who are injured by medical malpractice. For instance, a child who is injured during labor and delivery in Tennessee has only until his or her third birthday to file a lawsuit, or else the case will be barred. Fraudulent concealment and medical instruments left inside a patient are the only exception to the three year deadline for filing a Tennessee medical malpractice case.
If you are worried about the statute of limitations for a medical malpractice case in Tennessee, call the Memphis medical negligence lawyers at Greer Injury Lawyers for a free and confidential consultation.