When a patient receives medical care in Tennessee, they have the right to expect competent and professional care from their doctors, nurses, and other healthcare providers. Unfortunately, there are times when medical professionals fall short of this expectation and cause harm to their patients. In these cases, patients may have a legal claim for medical malpractice. The Tennessee Medical Malpractice Act (TMMA) governs these claims and provides guidelines for patients and healthcare providers alike.
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An Overview of the Tennessee Medical Malpractice Act
The TMMA was enacted in 1975 with the goal of balancing the interests of patients and healthcare providers in medical malpractice cases. The Act provides specific procedures for patients seeking compensation for injuries resulting from medical negligence. These procedures are intended to streamline the process and prevent frivolous lawsuits while still allowing legitimate claims to be heard.
Under the TMMA, patients who have been injured as a result of medical malpractice must follow certain procedures before they can file a lawsuit. These procedures are designed to encourage patients and healthcare providers to resolve disputes through negotiation and arbitration rather than costly court battles. If all attempts at settlement fail, patients may then file a lawsuit in accordance with the guidelines established in the Act.
The Role of the Tennessee Claims Commission
The Tennessee Claims Commission is a specialized court that handles medical malpractice claims under the TMMA. The Commission is made up of four judges who hear cases brought by patients against healthcare providers. The Claims Commission is designed to provide a fair and impartial forum for resolving disputes between patients and healthcare providers.
Patients who wish to file a medical malpractice claim must do so with the Tennessee Claims Commission. Before doing so, they must send written notice to the healthcare provider in question at least 60 days in advance. This notice must include a summary of the patient’s claim and medical records related to the injury. The healthcare provider then has 30 days to respond with a written offer of settlement or a denial of liability.
If the healthcare provider denies liability, the patient may then initiate legal proceedings with the Tennessee Claims Commission. At this point, the case will be assigned to a judge who will preside over the proceedings and make a decision based on the evidence presented.
The Limits on Damages under the TMMA
The TMMA places limits on the amount of damages that patients can recover in medical malpractice cases. These limits are intended to prevent excessive jury awards that could drive up healthcare costs and make it more difficult for healthcare providers to obtain affordable liability insurance.
Under the TMMA, patients can recover up to $750,000 in noneconomic damages such as pain and suffering, loss of consortium, and emotional distress. There is no limit on economic damages such as medical bills and lost wages.
It is worth noting that the TMMA does not limit damages in cases where healthcare providers act with intentional malice or fraud. In these cases, patients may be able to recover additional damages beyond the $750,000 cap.
Conclusion
The Tennessee Medical Malpractice Act provides specific procedures for patients seeking compensation for injuries resulting from medical negligence. While the Act is designed to streamline the process and prevent frivolous lawsuits, it also provides a fair and impartial forum for resolving disputes between patients and healthcare providers. Patients who believe they have been the victim of medical malpractice should consult with an experienced attorney to determine the best course of action for their specific case.