What You Must Prove in a Medical Malpractice Case

Let Our Johnson City Medical Malpractice Lawyers Help You

The decision not to represent you does not mean that we have made the decision that your case does not have merit. In medical malpractice cases filed under Tennessee law, medical doctors must be willing to testify not only that the case has merit but also that the action (or lack of action) of a health care provider caused an injury that would not have otherwise occurred. Also, a recent change to the law (effective July 1, 2008) requires that these experts be consulted before suit is filed.

The practical effect of these rules is that medical doctors must be hired to review medical records and other medical information and advise us whether or not they think the case has merit. Medical doctors charge for these services; indeed, all of them charge hundreds of dollars per hour for this work and some of them charge over $1,000 per hour. The cost of obtaining medical records can amount to hundreds of dollars. Finally, gathering and organizing these records, finding doctors to review them, and doing our own research takes a good deal of time.

Contact our skilled Johnson City medical malpractice attorneys at the Meade Law Group for assistance and more information.

The Difficulty in Finding Medical Experts

The effort to find medical experts is made even more difficult by the fact that the Tennessee Legislature has passed a law which ordinarily requires that these experts come only from states that border Tennessee and who are knowledgeable about the appropriate medical practice in the community where the malpractice allegedly occurred.

That law, which our Johnson City medical malpractice lawyers believe is unfair to patients, greatly increases the difficulty of finding medical experts who are willing and able to testify. Finding experts in Tennessee is virtually impossible because the vast majority of Tennessee physicians purchase malpractice insurance from the same insurance company, State Volunteer Mutual Insurance Company (SVMIC), which is owned by doctors.

In effect, SVMIC-insured doctors who testify against other SVMIC-insured doctors are testifying against their economic self-interest, because the payment of claims can impact their own insurance rates.

Why You Should Seek a Second Opinion

The Meade Law Group encourages you to seek a second opinion immediately. Please be advised that there is a strict time limit, or statute of limitations. Generally, in Tennessee, you have one year from the date of injury to settle your claim or file a lawsuit.

Consult a Johnson City medical malpractice attorney immediately if you intend to pursue your claim. Call us at (423) 464-7779 now.