QUESTION
How do I get evidence of phone calls e.mails from a attorney that I had looking over a suit?
Asked on Jun 30th, 2018 on Wrongful Death - Tennessee
More details to this question:
I was told I had 1 year from the date of my mother's death to file a suit. My mother died Sept 2017 date of malpractice April 2017. Took records to lawyer in November of 2017 Did not hear anything from him until May 2018. Lawyer states he felt I had a viable suit but turned records over to a legal nurse who viewed records. She felt in her opinion there was nothing showing proof, but attorney felt I needed a second opinion. So I have tried to get second opinions and everyone tells me I had 1 year from malpractice date, not 1 year from death .
1 ANSWER
Here is the Tennessee statute that addresses the statute of limitations in health care liability actions: (a)(1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104. (2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery. (3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists. T.C.A. § 29-26-116. Also, there are very strict requirements for pre-suit notification to health care providers and if you do not follow them, your case will be dismissed.
Answered on Jul 01st, 2018 at 9:14 AM