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What Constitutes Medical Malpractice in Tennessee?


She prescribed handfuls of pills at a time; more than enough to even kill someone. The patient took 32 Methadone tablets taken eight at a time throughout the day. Then they took two Roxicodone pills four times each day. Four times a day, Soma was added to the cocktail, followed by Xanax in between. Finally, at the end of each day, the patient took an Ambien sleeping pill. This totaled 51 pills a day and an opioid dosage more than 31 times the recommended government dosage.

The meds were prescribed by Knoxville nurse practitioner, Christina Collins. She was one of the top opioid prescribers in the state at one time. She regularly issued prescription just like the example above in 2011 and 2012. Health officials with the state attempted last year to revoke Collins’ license, but the effort failed. Instead, they put her on professional probation, but this left her the ability to write more prescriptions. She now works in nursing homes and doctor’s offices in the Knoxville area as a nurse practitioner.

What is Medical Malpractice in Tennessee? 

In order to have a valid claim for medical malpractice in Tennessee, you must prove that the healthcare professional violated the standard of care when they provided treatment to you. The standard of care is the care that would be typical of procedures and practices for other medical professionals in the same geographic area that are treating patients suffering from similar illnesses. The standard varies based on factors such as a patient’s medical history and age.

A healthcare professional, when it comes to medical malpractice claims, can be anyone that is involved in a patient’s care, including nurses, doctors, and other caregivers. The treatment may include things such as diagnosing, administering anesthesia, prescribing medication, and surgery just to name a few.

In addition to proving that the medical practitioner breached the standard of care, you will also have to prove that their breach resulted in your illness or injury. These cases can be difficult to prove because they require both medical and legal knowledge. Your personal injury attorney will likely have to retain the services of a medical expert to testify on your behalf.

Medical Malpractice Statute of Limitations 

Each state establishes their own statute of limitations, or time limit, for filing claims of medical malpractice. These rules set time limits on how long the injured patient has to file a claim of medical malpractice against the practitioner they claim caused their injuries. Failing to file within the required time frame may result in your loss of ability to file such a claim.

Tennessee law requires that medical malpractice claims be brought against the practitioner within one year of the patient discovering their injury. The patient, however, only has three years from the date the doctor breached the standard of care to bring forth a claim. Because of these time limits, it is imperative that you contact an experienced medical malpractice attorney as quickly as possible if you believe you have been injured by a medical practitioner’s negligence.

Contact a Medical Malpractice Attorney Today 

If you believe that you or your loved one has been injured due to the negligence of a medical practitioner, you may be entitled to damages for your injuries or resulting illness. The Nashville attorneys at Calhoun Law, PLC, have years of experience helping their clients receive the compensation that they are entitled to. Contact us today to schedule a consultation.



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