Top-Rated Nashville Medical Malpractice Lawyers
Millions of people suffer injury at the hands of medical or healthcare providers every year. If your healthcare provider (doctor, nurse, hospital) failed to adhere to care standards, resulting in your injury, you should fight for justice. We’re proud to be the premier medical malpractice lawyers in the region, and you can count on us to get you the compensation that you’re entitled to.
Understanding Your Medical Malpractice Claim
If you’ve experienced an injury as a result of subpar medical care, you’ve likely considered bringing a medical malpractice suit against your healthcare provider. There are a few things you should keep in mind, however, in determining if you have a case.
Unsure if you have a case?
Contact us for a free consultation.
Medical malpractice in Tennessee requires negligence, injury, and causation.
To bring a successful medical malpractice claim, you must be able to prove the three required elements of malpractice: that your healthcare provider was negligent (meaning that their care fell short of established standards), that you sustained some type of injury or illness under their care, and that your injury or illness was directly caused by their negligence. If your claim lacks proof of any of the three elements–negligence, injury, or causation–your medical malpractice claim is likely not recoverable.
In most cases, the causation element is the most difficult element to prove. It is relatively easy to produce evidence proving that an injury was sustained, and that the attendant medical professional deviated from their standard of care in some manner. However, it can be very difficult to establish the link between the two. Most medical procedures involve countless variables, and if the defendant can show that the plaintiff’s injury could have been caused by circumstances other than the doctor’s negligence, the plaintiff may not recover.
Sickness or injury alone do not constitute medical malpractice in Tennessee.
Some patients mistakenly believe that any illness or injury sustained during a hospital stay is sufficient grounds for a malpractice claim. Unfortunately, however, there are a number of unavoidable health risks that go along with most medical procedures. For instance, it’s not uncommon for patients to contract post-surgical infections or to have unforeseen reactions to certain medications or instruments, or even for a patient’s condition to worsen after a procedure. These situations, in themselves, do not prove negligence on behalf of the medical staff, and without establishing negligence and a causal link, a plaintiff only has proof of an accidental injury.
Successful malpractice suits generally require substantial harm.
Even if a plaintiff can show injury, negligence, and causation, his claim still may not be recoverable if his injury was minor. Conditions or injuries from which a patient quickly recovers–such as brief infections, minor allergic reactions, bruises, soreness, or cuts–will likely not support a medical malpractice lawsuit.
To be clear, this doesn’t mean that medical malpractice has not occurred. Even if an injury was minor, it is still correctly classified as malpractice if it directly resulted from a healthcare provider’s negligence. However, medical malpractice suits often require significant investments of time and money, and the compensation for minor injuries will likely be less than the cost of bringing a malpractice suit. Generally, a plaintiff’s injury must be relatively significant for a malpractice suit to be worthwhile. It’s important to consult with an attorney to determine whether your claim will sustain the costs of litigation.
Keep track of the statute of limitations.
In Tennessee, the statute of limitations for medical malpractice claims is one year from the date that the injury was discovered, but no more than three years from the date it occurred. For example, if a surgeon negligently damaged a patient’s organ, and the patient was not aware of the injury until a year later, the patient would have one year from the date of discovery to file suit. If the patient discovered the injury five years later, however, it would be too late to file a medical malpractice claim. In other words, the injury must be discovered within three years of its occurrence in order to support a medical malpractice claim.
There are a couple of exceptions to these rules, however. If the patient could not discover the injury within the three-year limitation due to fraud or concealment on behalf of the healthcare provider, the three-year limitation will be removed and the patient will have one year from the date of discovery to file her claim, regardless of when the injury occurred.
The same extension applies to foreign object cases: a patient may bring a claim within one year of the discovery of a foreign object in her system, no matter how much time has passed since it was inserted.
Keep detailed records of your injury.
If you sustain an injury and plan to bring a medical malpractice claim, it’s important to document every stage of your injury, from the date of its occurrence (or the date that you notice it) onwards. Note any side effects and any changes in your condition as they occur, and always record the dates of such developments. This will help you remember the statute of limitations deadline for your claim, assist future medical providers in assessing the extent of your injuries, and help your medical malpractice attorney evaluate your claim. If you’re unsure of the next steps to take in your medical malpractice case, call the Nashville medical malpractice attorneys at David Randolph Smith & Associates for a free phone consultation. Let our experienced Tennessee medical lawyers offer their expert advice on the best way to handle your claim.
Over $500 Million
Recovered Since 1993
We've Helped Thousands of People Just Like You
We are known for getting life-changing results and fighting to make our communities safer.
Why Choose Us As Your Nashville Medical Malpractice Attorney
With us on your side, you can focus on what’s most important – your recovery.
Decades Of Experience
Our Nashville attorneys have over 75 years of combined practice handling cases involving personal injury, medical malpractice, civil rights, medical device lawsuits, wrongful death, and much more.
DRS Law is a well-respected law firm in Nashville and throughout the U.S. Founder, David Randolph Smith, has been selected as a Mid-South Super Lawyer, named one of the Top 100 attorneys in Tennessee in all fields of practice, and is included in the Best Lawyers in America guidebook.
Small Case Volume
Unlike many Nashville firms or lawyers that handle a large volume of cases, we concentrate our expertise on a select few cases. With this, our attorneys ensure that every step is taken to obtain the most favorable outcomes for our clients.
We Prepare For Trial
Every case is meticulously prepared for trial by our trial team and support staff in order to maximize the recovery for our client, whether by settlement or trial verdict. Our proven track record of success has resulted in multi-million-dollar settlements and judgments in a wide variety of individual and group cases.
What to Expect
Our Legal Services Are Completely Personalized To You And Your Unique Needs
01 Free Consultation
Our top-rated Tennessee personal injury lawyers provide free, no-pressure case evaluations. We will help you determine if you have a case and will answer all your questions in plain English. We never charge any fees until we win your case.
02 Personalized Service
If we take your case, it’s because we believe we can help you. We will get to work outlining a strategic plan of action. We want you to feel taken care of during this difficult time — whatever questions you have, we’re here with answers. Frequent check-ins ensure you are comfortable with the progress of your case.
03 You Get Paid
We are passionate about the success of your case and will give it the close attention and focus it deserves. We find solutions that other lawyers miss, discovering key facts that help you win. We call upon our gifts in storytelling to argue your case with passion and conviction so you get the compensation and justice you deserve.
What Our Clients Say
“The intellect combined with compassion of these people is incredible.”
I am very thankful to David, Lyon, Chris and all professionals who represent this firm. This team made an incredibly difficult situation end successfully. The intellect combined with compassion of these people is incredible. Our concerns were quickly and appropriately responded to, with knowledge and compassion. Law suits are very scary situations, but they never stopped communicating until I felt comfortable with the process. - K. Boland
“They were extremely thorough and caring through the entire experience.”
The DRS team was simply tremendous. They were extremely thorough and caring through the entire experience. I felt cared for the entire time. I will recommend them enthusiastically to anyone who ever needs legal help. - Dick K.
“Very professional and very hard working guys that I would suggest to anyone!”
Chris and the rest of the guys at the firm did an amazing job handling my case and making me feel like I was heard and important. Very professional and very hard working guys that I would suggest to anyone! - T. Sapp.
“They kept me in the loop every step of the way and made me feel like family.”
This is a wonderful law firm. They kept me in the loop every step of the way and made me feel like family. I would highly recommend! - David S.
“There are really no words to adequately describe how thankful we are.”
There are really no words to adequately describe how thankful we are for Lyon and the others at this law firm. The events that led us to reach out to your firm were one the worst times in our lives. My husband’s illness and long recovery were something that we were not sure we would ever come back from. Thanks to the hard work, knowledge and dedication that you guys have put forth on our behalf we have been awarded a settlement that will ensure we have a secure financial future. You guys are the best! - Lorrie H.
“The only attorney that would take our case.”
David Randolph Smith was the only attorney that would take our case. We were up against the US Government and Virginia’s state laws. Mr. Smith’s experience and expertise was the only reason we were able to get a settlement. He always answered our calls and kept us informed. Mr. and Mrs. Smith were very professional and nice. God sent this law firm to help us at a very sorrowful time. We were blessed for such a great law firm. If I ever need a lawyer, this firm would be first on my list. Thank you. — Vicky F.
“The end results gave me the justice and satisfaction I so desperately needed.”
Thru what was an absolute nightmare of an ordeal, I was finally blessed with the very best legal team a man could ever want or desire. I can’t even begin to express my overwhelming gratitude and sincere appreciation to my entire legal team. You are all of the very best at what you do, and the end results gave me the justice and satisfaction I so desperately needed. And it also gave me back my health and independence! On a scale to 1 and 10, I would give you give you a 12! God bless all of you from the bottom of my heart! - Darrell H.
“It made all the difference knowing that we were in competent hands.”
My wife and I couldn’t have had a better experience. The whole team was incredibly responsive, attentive, respectful, & friendly. Lyon took our case and you couldn’t ask for a better guy to have on your side. Not only was he super sharp and resourceful, but also the type of person that makes you feel like an old friend. Since we were seeking legal help for a very awful situation it made all the difference knowing that we were in competent hands the whole time. - Mark D.
“They always set realistic expectations and even surpassed them.”
It was a wonderful experience. Everyone we dealt with was attentive and responsive. They always set realistic expectations and even surpassed them. We are very happy we decided to use Smith and Associates. We highly recommend them. - Whitney G.
The Nashville personal injury and medical malpractice law firm of David Randolph Smith & Associates serves clients throughout Tennessee in communities such as Memphis, Knoxville, Chattanooga, Clarksville, Murfreesboro, Jackson, Johnson City, Franklin, Hendersonville, Bartlett, Cleveland, Columbia, Cookeville, Gallatin, Lebanon, Brentwood, Springfield, Dickson, Davidson County, Shelby County, Knox County, Hamilton County, Rutherford County, Williamson County, Robertson County, Cheatham County, Maury County and Montgomery County. We also serve clients in Alabama, Kentucky, Indiana, Mississippi and Illinois. AL, KY, IN, MS, IL.
If you are seeking a:
Davidson County Medical Malpractice Lawyer
Tennessee Personal Injury Attorney
Tennessee Medical Malpractice Attorney
Tennessee Wrongful Death Attorney
Tennessee Product Liability Attorney
Tennessee Trucking Accident Attorney
Tennessee Auto Accident Attorney
Tennessee Civil Rights Attorney
Tennessee Birth Injury Attorney or
Tennessee Fire Attorney
We would welcome the opportunity to discuss your case confidentially and free of charge.