Memphis Malpractice Law
Local Medical Malpractice, Negligence, Abuse and Accident Injury Law Differences
Differences in Local Malpractice Law
Most medical malpractice laws are set by states, so if you have a malpractice case in Memphis, Tennessee law governs. Medical malpractice law in Memphis is different from medical malpractice law in West Memphis, right across the border in Arkansas, and both West Memphis and Memphis malpractice laws differ from laws in Lynchburg, just across the Mississippi border.
Caps on malpractice awards differ
If you file a lawsuit under malpractice law in Memphis, Tennessee, malpractice law does not limit the punitive damages you can receive. If you file the same suit in West Memphis, Arkansas law limits you to $250,000 in punitive damages, or three times the amount of actual damages, but never more than one million dollars. And the same suit in Lynchburg, subject to Mississippi law, could bring you no more than $500,000 in noneconomic damages.
Statutes of limitations differ
Tennessee has a more complex malpractice statute of limitations than its neighboring states. As malpractice lawyers in Memphis well know, you must almost always bring a malpractice lawsuit in Tennessee within one year of your injury. But there are exceptions. Under certain circumstances, you have three years from the date of your injury to file suit. In other cases where the injury results from some foreign object left in your body or your doctor engages in fraudulent concealment to hide negligence, you have one year from the time you discovered—or should have discovered—that you had been injured.
Neighboring states have simpler rules. Medical malpractice cases in Arkansas must be brought within two years of injury unless you are under the age of nine, in which case you have until your eleventh birthday to bring suit. Likewise, you must bring a malpractice case in Mississippi within two years of the date of the injury or within two years of the date you discovered—or should have discovered—your injury, but never later than seven years after the injury.
County-by-county procedural rules differ
State differences between malpractice laws are not the only differences that matter. Court rules in Tennessee differ between counties. Failure to follow individual court rules can prejudice a judge against your case, or lead to its dismissal.
If you have a Memphis malpractice case, you need Memphis malpractice lawyers who are already familiar with Shelby County court rules. Most Memphis medical malpractice lawyers are experienced with the rules in Fayette, Tipton, and Haywood Counties, as well, but you would not necessarily want a lawyer from Nashville, 200 miles away in Davidson County, to represent you in Memphis.
Hire an experienced local lawyer
Contact Skouteris & Magee, PLLC for effective medical malpractice representation in the greater Memphis area. We have dedicated and knowledgeable legal professionals who can supervise your case, and we look forward to helping you.
