Nashville Hospital Negligence and Emergency Room Malpractice Lawyers

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Critical Mistakes in the Hospital or ER? You Have Rights.

Hospitals and emergency rooms exist to catch the problems that can’t wait. When a hospital rushes a workup, misreads a test, understaffs a unit, or sends home a patient who needed admission, a treatable condition can become a permanent injury or a death. DRS Law represents patients and families harmed in Tennessee and Kentucky hospitals and ERs, including against the largest health systems in Middle Tennessee.

$10.7 million: ER staff failed to evaluate heart attack symptoms, resulting in wrongful death
$500,000: failure to prescribe antibiotics led to septic shock
$425,000: death from a ruptured abdominal aortic aneurysm
Past results do not guarantee a similar outcome.

Emergency Room Malpractice Examples

Failure to Triage or Diagnose in the ER

Triage errors rank a serious patient low, doctors anchor on a harmless diagnosis without ruling out the dangerous one, or the ECG, troponin, imaging, or cultures are never ordered or never reach the treating doctor. ERs most often miss heart attacks (especially in women and younger patients), strokes written off as vertigo or migraine, sepsis, pulmonary embolism, aortic dissection or aneurysm, appendicitis, testicular torsion, and neurologic emergencies such as spinal cord compression and meningitis—see our Misdiagnosis page for more.

Medication Errors

Wrong medication, dosing errors, or failure to check for allergies in high-pressure emergency settings.

Delays in Treatment or Admission

Patients suffering harm from excessive wait times, inadequate monitoring, or delayed specialist referrals.

Improper Discharge from the ER

Patients sent home too soon, often without adequate instructions or follow-up care, leading to further complications.

EMTALA Violations (Refusal to Treat or Patient Dumping)

Federal law requires hospitals to screen and stabilize emergency patients regardless of insurance or ability to pay (EMTALA, 42 U.S.C. § 1395dd). Refusals or transfers of patients in need may be grounds for a malpractice or civil rights claim.

Other Hospital Negligence Cases We Handle

Surgical Center Errors

Mistakes in operating rooms, including retained instruments or infections.

Hospital-Acquired Infections

Poor infection control protocols leading to serious complications, including sepsis.

Nursing Negligence on the Floor

Failure to monitor patients, missed warning signs, and inadequate communication between shifts. See our Nursing Home Negligence page for extended care scenarios.

Improper Labor & Delivery Management

Birth injuries or maternal harm due to mismanaged labor or missed complications; see our Birth Injuries page for more.

Hospital Malpractice Laws in Tennessee

Tennessee law requires written notice to each provider at least 60 days before filing (T.C.A. § 29-26-121) and a certificate of good faith, filed with the complaint, confirming a qualified expert supports the claim (§ 29-26-122). The deadline is generally one year from when the injury was or reasonably should have been discovered, and no later than three years after the care, with narrow exceptions (§ 29-26-116). Non-economic damages are generally capped; medical bills and lost income are not (T.C.A. § 29-39-102). In Kentucky, the deadline is generally one year from discovery (KRS 413.140). Care at a VA or military hospital follows the Federal Tort Claims Act instead.

Hospitals answer for the nurses and staff they employ and for system failures such as understaffing and broken protocols. Many ER doctors work for outside staffing companies, not the hospital. Tennessee can still hold the hospital responsible for those physicians when patients reasonably believed the doctor worked for the hospital (Boren v. Weeks, 251 S.W.3d 426 (Tenn. 2008)).

Why Choose DRS Law for Hospital Negligence and ER Malpractice Cases?

  • 40+ years handling Tennessee hospital and ER cases, through trial when needed
  • Independent emergency medicine, nursing, and specialty experts
  • We get the full record, including audit trails and monitor data, not just the chart a hospital sends
  • Personal, hands-on approach for every client—we know these cases can change lives forever

Frequently Asked Questions About Hospital Negligence

  • Can you sue a hospital in Tennessee for negligence?

    Yes. Hospitals are responsible for their employees and for system-wide failures. The pre-suit steps above must be followed first.

  • I was sent home from the ER and got worse. Is that malpractice?

    Not always. The question is whether a reasonable emergency physician would have done more, and whether that would have changed the outcome. That takes an expert’s review of the records.

  • Do you handle cases involving hospital-acquired infections or surgical errors?

    Absolutely. We represent clients in a full range of hospital negligence cases.

  • Are there special deadlines for suing a hospital?

    Yes. In Tennessee, generally one year from when the injury was or reasonably should have been discovered, and no later than three years after the care, with narrow exceptions (T.C.A. § 29-26-116). Early consultation preserves your rights and evidence.

  • The hospital refused to treat me or transferred me without stabilizing me. What can I do?

    That can violate federal EMTALA law, which has its own claim and deadlines, separate from a malpractice case. It can also raise civil rights issues if discrimination was involved.

Take Action: Hospitals Have Teams of Lawyers. So Should You.

If you or someone you love suffered because of hospital negligence or emergency room malpractice, DRS Law will fight for your rights. We review records promptly and pursue full compensation for your injuries.