Medical negligence cases are typically more complex than other types of claims arising from professional negligence. There are many factors that need to be considered when evaluating a medical negligence claim. In fact, many attorneys who handle negligence cases will not handle a claim for medical negligence. At Wampler & Pierce, P.C., we rely heavily on other attorneys to refer their medical negligence cases to our firm, and we take pride in the confidence and trust bestowed upon us by other law firms throughout the State of Tennessee.

The attorneys at Wampler & Pierce, P.C. will evaluate all aspects of your potential medical negligence claim. We can assist in obtaining the medical records needed to evaluate your claim, and we have access to expert physicians, nurses and other healthcare specialists who can provide a through review of the medical issues at the heart of your case.
When you contact Wampler & Pierce, P.C., one of our attorneys will discuss your potential claim, and explain some of the critical legal issues which must be evaluated prior to filing a lawsuit for medical negligence. Some of the most important considerations in evaluating your potential medical malpractice claim include

    1. Statute of Limitations for medical negligence claims: 

    Generally, all claims for negligence against a healthcare provider must be brought within 2 years of the discovery of the possibility of     negligence. If the medical negligence was not discoverable with reasonable diligence, the limitation period may be expanded to 4 years from the date the medical negligence occurred. Further, in cases involving fraud or children, the filing deadline may be extended even beyond 4 years. If necessary, potential claimants can file for a 90 extension of the statute of limitations. No matter which deadline applies, it is imperative that an attorney consider your claim to determine the appropriate filing deadline. 

    2. The Potential Defendant's Insurance Coverage :

Contrary to popular belief, a physician can practice medicine without malpractice insurance. However, all physicians, even those without malpractice insurance must comply with Tennessee's financial responsibility requirements. Any physician who practices medicine without malpractice insurance is required to post a notice that he or she does not carry malpractice insurance in the waiting room of their medical office. We can conduct a search with the Tennessee Board of Medicine to determine whether your physician carries medical malpractice insurance. 

    3. Sovereign Immunity Issues:

Many hospitals in the State of Tennessee are entitled to the protections of statutory sovereign immunity. Also, the physicians who work at these hospitals may be entitled to same legal protection. If you are a victim of malpractice at a hospital that is covered by sovereign immunity, your damages may be capped at $100,000.00, unless the Tennessee Legislature approves a claims bill awarding you damages in excess of the statutory cap. 

    4. Statutory Presuit Investigation:

Generally, prior to filing suit, a Claimant must conduct an investigation which includes having the potential case reviewed by an expert healthcare provider. If the expert is convinced of the existence of negligence, he or she must execute an affidavit stating that there is a good faith basis for the claim. Thereafter, the affidavit is forwarded to the Potential Defendant with a Notice of Intent to Initiate Medical Malpractice Litigation. The Potential Defendant shall have 90 days to investigate the claim. At the conclusion of its investigation, the Potential Defendant shall admit liability and request arbitration, make a settlement offer or deny the claim altogether. If the Potential Defendant denies the claim, a copy of an affidavit from a qualified medical expert supporting the denial must be forwarded to the Claimant. 

    5. Causation Issues:

As with any claim for negligence, a medical malpractice claim requires that the Claimant prove that the healthcare provider was negligent in providing medical care. However, a Claimant must also prove that the negligence was a legal cause of the alleged injury and/or damages. In medical malpractice cases, causation is typically the most difficult element to prove. 

    6. Medical Liens:

If you recover damages in a claim for medical negligence, you may be required to repay the medical expenses, incurred due to the negligence, to your health insurance company. Typically, the medical lien will be subject to negotiation.


The attorneys at Wampler & Pierce, P.C. have extensive experience at evaluating and pursuing medical negligence claims. Contact our firm and one of our attorneys will evaluate your potential medical malpractice lawsuit, explain the process of filing such a claim, and answer any other questions you may have.