Tennessee Cerebral Palsy Lawsuit Filing Process

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If you have a child with cerebral palsy, you can take legal action to get justice and seek damages. The Tennessee cerebral palsy lawsuit filing process can be confusing. Let an experienced lawyer who understands complicated state laws guide you and give you the best chance of winning your lawsuit.

What Kind of Lawsuit Do I Need to File in Tennessee for My Child with Cerebral Palsy?

Medical Malpractice

Medical malpractice is a legal term that refers to a situation in which medical negligence harms a patient. In the case of cerebral palsy, there are many mistakes a doctor or other professional might make that could trigger brain damage and contribute to a diagnosis of cerebral palsy.

For instance, if your doctor failed to track fetal distress during delivery and realized a C-section was necessary, your child could develop brain damage. This can lead to cerebral palsy.

Discrimination and Disability Rights

The laws of Tennessee, as well as federal laws, prohibit discrimination in several areas based on disability. But if your child or your family is experiencing discrimination, it can lead to less access, limited services, limited housing options, and fewer opportunities for your child.

To resolve the situation and, in some cases, recover damages, you can file a complaint with the U.S. Department of Education.

The Filing Process for Medical Malpractice Lawsuits in Tennessee

To get through this process as smoothly as possible, it helps to understand Tennessee’s laws related to medical malpractice lawsuit filing. You must follow specific steps and meet specific deadlines and requirements:

• Statute of Limitations. First, you must ensure you are filing within Tennessee’s statute of limitations. You must file within one year of the negligent medical incident or after discovering it if it was not immediately apparent. Even if you go by the second part of the law, you cannot file any more than three years after the incident.[1]

• Damages. Tennessee has capped non-economic damages at $750,000. You may recover up to $1 million in the case of catastrophic harm.[2] Economic damages are not capped. Let your lawyer access your medical records, bills, and all other relevant expenses to estimate losses and seek past, current, and future costs of cerebral palsy in your child.

• Certificate of Good Faith. Tennessee law requires that you submit this certificate before beginning a medical malpractice lawsuit.[3] It is a document certifying that your lawyer has consulted with a qualified medical expert to ensure your case is not frivolous. The expert must express a good reason to believe negligence occurred.

• Filing. Once the certificate is complete, your lawyer can file the complaint that officially begins the lawsuit. The complaint details your allegations, notifies the defendants, and begins a period of discovery during which both sides investigate and build a case.

• Settlement. Before going to trial, your lawyer will likely begin negotiations for a settlement agreement. Most malpractice cases end here, but you have the right to approve or reject any settlement offers from the defendants.

• Trial. If a settlement cannot be reached, you and your lawyer will take your case to court, present evidence, call on witnesses, and prove to the jury that malpractice occurred and harmed your child. The jury decides in the end and awards any damages.

Filing a Discrimination Complaint or Lawsuit in Tennessee

If your child experiences discrimination, you can file a complaint with the Human Rights Commission (HRC).[4] The process varies depending on the situation, but generally, the complaint will notify the respondent and trigger an investigation by the HRC.

The HRC will also try to mediate a resolution, but if this fails, the investigation will lead to a decision.

If the HRC finds a reasonable cause for discrimination, you may resolve the issue in guided conciliation or a hearing. Tennessee also allows you to take private action, suing those responsible.

If your complaint concerns educational services, your lawyer can help you take the appropriate steps.

You can file a complaint with the U.S. Department of Education, as federal laws ensure disabled children receive a free and proper education.

Do I Need a Lawyer for a Tennessee Cerebral Palsy Lawsuit?

Yes, you need the right lawyer for the filing process. You can legally represent yourself and your child, but doing so means risking everything you can gain from a lawsuit.

You need an advocate who understands the state laws that apply and how to go up against the high-powered legal teams of doctors and hospitals.

Find the right Tennessee cerebral palsy lawyer by searching for an individual or firm specializing in the kind of lawsuit you want to file.

The state bar association can help you search, but you may also want to turn to people you know, other parents, or a local organization that works with disabled people.

As you begin the process of filing a cerebral palsy lawsuit for your child in Tennessee, remember that your lawyer will provide you with valuable advice and guidance.

Rely on the right legal professional, better understand the filing process and state laws, and be sure that you are doing everything possible to give your child a better life.