Medical Bills that are Recoverable in a Medical Malpractice Case
I posted earlier about recovering medical expenses paid by TennCare in a medical malpractice case. Along the same lines, Tennessee courts allow plaintiffs in medical malpractice cases to recover for medical expenses that have been paid by:
Workers compensation benefits. (Nance by Nance v. Westside Hosp., 750 S.W.2d 740 (Tenn., 1988)).
Insurance or other payments where the payor has subrogation rights. (Richardson v. Miller, 44 S.W.3d 1 (Tenn. App. 2000)).
All of these cases look to the damages section of the Medical Malpractice Act, Tenn. Code Ann. sec. 29-26-119. Give serious consideration to the impact of 29-26-119 on any damages you want to claim in a medical malpractice case to make certain you have gathered the facts you need.
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