Chattanooga, Tennessee
Medical Malpractice Attorney in Chattanooga, Tennessee
When a healthcare provider's negligence causes serious injury, you need experienced legal representation. We fight for the compensation you deserve. Free consultation -- no fee unless we win.
Experienced Medical Malpractice Representation
Medical malpractice cases require a different level of legal skill and resources. When a doctor, surgeon, nurse, or hospital makes a preventable mistake that causes serious injury or death, you deserve an attorney who knows how to build a strong case and fight for full compensation.
At The Burd Law Firm, we have the experience to evaluate your claim, work with qualified medical experts, and pursue the compensation you are owed. Many medical malpractice cases also involve wrongful death and estate matters -- and our background in estate law allows us to handle every aspect of your case under one roof.
Tennessee Medical Malpractice Law: What You Need to Know
Tennessee imposes specific procedural requirements on medical malpractice claims that don't apply to other personal injury cases. An experienced attorney will ensure every requirement is met to protect your claim.
Pre-Suit Notice Requirement (TCA Section 29-26-121)
Before filing a medical malpractice lawsuit in Tennessee, you must send written notice to the healthcare provider at least 60 days before filing. The provider then has 90 days to respond. This means the legal process must begin months before you file suit, making early consultation with an attorney essential.
Certificate of Good Faith
Tennessee requires that the filing attorney include a certificate of good faith, confirming that a qualified medical expert has reviewed the case and provided a written opinion supporting the claim. We work with qualified experts to build the strongest possible foundation for your case from the start.
One-Year Statute of Limitations (TCA Section 29-26-116)
You have one year from the date the injury was discovered (or should have been discovered) to file suit, with a three-year statute of repose. Given the pre-suit notice requirement, you should contact an attorney as soon as possible to preserve your rights.
Non-Economic Damages Cap
Tennessee caps non-economic damages at $750,000 for most injuries and $1,000,000 for catastrophic injuries (paraplegia, quadriplegia, amputation, severe brain damage). There is no cap on economic damages such as medical bills, lost wages, and lost earning capacity.
Types of Medical Malpractice Cases
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing injury or death. Common types of claims include:
- Surgical errors: Wrong-site surgery, retained instruments, and nerve damage caused by negligence.
- Misdiagnosis and delayed diagnosis: Failure to diagnose cancer, heart attack, stroke, or infection in time for effective treatment.
- Medication errors: Wrong medication, wrong dosage, dangerous drug interactions, and failure to account for allergies.
- Birth injuries: Cerebral palsy, Erb's palsy, and other injuries caused by negligent labor and delivery care.
- Anesthesia errors: Overdose, failure to monitor vital signs, and intubation errors causing brain damage.
- Emergency room negligence: Premature discharge, failure to order tests, and triage errors delaying critical treatment.
If you believe your injury resulted from medical negligence, contact us for a free evaluation. We work with qualified medical experts to determine whether you have a viable claim.
Why Medical Malpractice Cases Require Experienced Representation
Medical malpractice litigation is among the most complex areas of personal injury law. Here is what sets these cases apart:
- Expert witness requirements: Tennessee law requires expert testimony from a qualified medical professional in the same specialty as the defendant.
- Extensive medical record review: These cases involve thousands of pages of records that must be obtained, organized, and analyzed by medical experts.
- Lengthy litigation timeline: Cases typically take 12 months to several years from evaluation to resolution, depending on a variety of factors including pre-suit requirements, discovery, and trial preparation.
- Aggressive defense: Hospitals and doctors have experienced defense firms fighting to protect their interests.
You need an attorney with the experience and resources to handle these challenges effectively. At The Burd Law Firm, we have the knowledge and determination to pursue your claim and fight for the compensation you deserve.
How We Handle Your Medical Malpractice Case
When you contact us about a potential medical malpractice claim, here is our process:
- Free case evaluation. We review the facts, obtain relevant medical records, and assess whether you have a viable malpractice claim.
- Build your case. We consult with qualified medical experts, gather evidence, and develop a strategy to pursue maximum compensation.
- Handle related legal needs. Medical malpractice cases involving death often require wrongful death claims, probate, and estate administration. Our background in estate law means we can handle every aspect of your situation.
- Fight for your compensation. Whether through negotiation or trial, we pursue the full compensation you are owed for your injuries, medical bills, lost wages, and pain and suffering.
Frequently Asked Questions
Does Burd Law handle medical malpractice cases?
Yes. We evaluate and pursue medical malpractice claims in Chattanooga and throughout Tennessee. We also coordinate related legal needs such as probate, estate administration, and wrongful death matters that often accompany malpractice cases. Contact us for a free consultation.
What is Tennessee's pre-suit notice requirement for medical malpractice?
Under TCA Section 29-26-121, you must provide written notice to the healthcare provider at least 60 days before filing suit. The provider then has 90 days to respond. While the statute of limitations is tolled during this period, you need to start well before the one-year filing deadline.
Are there caps on medical malpractice damages in Tennessee?
Yes. Tennessee caps non-economic damages at $750,000 for most cases and $1,000,000 for catastrophic injuries such as paralysis, amputation, or severe brain injury. There is no cap on economic damages like medical bills and lost wages.
How long do I have to file a medical malpractice claim in Tennessee?
Tennessee's statute of limitations is one year from when the injury was discovered or should have been discovered (TCA Section 29-26-116). There is also a three-year statute of repose. Given the pre-suit notice requirement, contact an attorney as soon as possible to protect your rights.
Why are medical malpractice cases so expensive to pursue?
Medical malpractice cases require expert medical testimony, extensive record review, and significant litigation resources. Total costs can exceed $50,000 to $100,000 before resolution. An experienced attorney can evaluate your case and advise whether pursuing a claim makes sense given the potential recovery.
Results may vary. Past results do not guarantee future outcomes. This is not legal advice. Each medical malpractice case is unique and results depend on specific facts, medical evidence, expert testimony, applicable law, and other factors. The Burd Law Firm may refer complex medical malpractice cases to dedicated firms and coordinate related legal services. Referral relationships comply with applicable Tennessee Rules of Professional Conduct.
Injured by Medical Negligence? We Can Help.
Get experienced representation for your medical malpractice claim. Free consultation -- no fee unless we win.
Call us directly:
(423) 777-6116Or schedule your free consultation online:
Free consultation. Burd Law Firm charges a flat 1/3 (33.33%) contingency fee regardless of whether litigation is required (appeals notwithstanding). No fee unless we win. Tennessee's one-year statute of limitations means time is important -- call today.
Serving Chattanooga and Surrounding Communities
The Burd Law Firm represents patients treated at hospitals and medical facilities throughout the Chattanooga region, including Erlanger Medical Center, CHI Memorial Hospital, Parkridge Medical Center, and surrounding communities.
Office Location:
412 Georgia Ave Suite 102
Chattanooga, TN 37403
Office Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Evening and weekend appointments available by request
Licensed in Tennessee, Alabama, and Georgia. Contact us today for a free consultation -- Tennessee's one-year statute of limitations means time is important.