Most people don’t realize anything went wrong right away. A diagnosis that should have been caught earlier, an infection after a routine surgery, or a delivery that left a newborn needing lifelong care often only starts to look like a mistake weeks or months later. By then, families are dealing with hospital bills, missed work, and questions nobody at the hospital will answer clearly.
Medical malpractice cases are some of the hardest civil cases to win in Tennessee. The state has strict filing rules, the cases need expert testimony, and hospitals and their insurers defend them hard. The five Nashville firms below have the trial experience, medical knowledge, and peer recognition these cases require.
1. Kinnard Law
Randy Kinnard has built his career around patient injury cases, and he holds certifications as both a Medical Malpractice Specialist and a Civil Trial Specialist. He led the trial team that won a $22 million jury verdict for a woman who suffered a spinal bleed and temporary paralysis after an epidural catheter was placed incorrectly. It was the largest malpractice verdict in Tennessee history for a single person at the time. The firm has represented injured patients since 1977, and four of its lawyers are listed in Best Lawyers for plaintiffs’ medical malpractice in Nashville, including Vanderbilt Law graduate Mary Ellen Morris.
Kinnard Law is at 127 Woodmont Boulevard, Nashville, TN 37205. Phone: (615) 297-1007.
- Strong record in surgical errors, anesthesia mistakes, and birth injury claims
- Also has a Louisville office for cases involving Kentucky hospitals
2. Law Office of Daniel L. Clayton
Best Lawyers has named Daniel Clayton Nashville’s Lawyer of the Year six times, four of them for medical malpractice (2012, 2015, 2018, and 2020). He holds board certifications in medical malpractice, civil trial practice, and pretrial procedure. He is also a Fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers, two invitation-only groups. One of his best-known results is a $5 million Davidson County verdict for a family whose 22-month-old son died of an undiagnosed tick-borne infection after four doctor visits in four days.
The office is at 102 Woodmont Boulevard, Suite 223, Nashville, TN 37205. Phone: (629) 895-5444.
- Ranked Tier 1 in Nashville for plaintiffs’ medical malpractice by Best Law Firms
- Handles misdiagnosis, delayed diagnosis, and nursing home neglect cases
- A past president of the Tennessee Trial Lawyers Association
3. Cummings Law
Brian Cummings deliberately keeps his caseload small so he can handle each case himself instead of passing it to junior associates. He is board certified in medical malpractice by the American Board of Professional Liability Attorneys, a credential only about 15 Tennessee lawyers hold. Super Lawyers has recognized him every year from 2015 through 2025. In a December 2024 malpractice trial, the jury awarded his client more than three times the defense’s last settlement offer.
Find Cummings Law at 4235 Hillsboro Pike, Suite 300, Nashville, TN 37215, in Green Hills. Phone: (615) 800-6822.
- Vanderbilt Law graduate with an AV Preeminent peer rating
- Lifetime member of the Multi-Million Dollar Advocates Forum
- A good fit if you want to work directly with the lead trial lawyer
4. The Kelly Firm
The Kelly Firm takes only medical malpractice cases. Father and son F. Dulin Kelly and Clint Kelly are both certified Medical Malpractice Specialists in Tennessee and board certified nationally. Clint Kelly has served as plaintiff’s counsel in more than 50 malpractice jury trials in Tennessee and Kentucky. He also wrote Kelly on Malpractice, a practical book on how these claims work. Many Nashville viewers know him from his regular call-in segments answering malpractice questions on NewsChannel 5’s MorningLine.
The office is at 629 East Main Street, Hendersonville, TN 37075, about 20 minutes north of downtown Nashville. Phone: (615) 800-0000.
- Ranked by Best Law Firms for plaintiffs’ medical malpractice in Nashville
- Focuses on birth trauma, surgical errors, hospital mistakes, and nursing negligence
5. DRS Law
DRS Law founder David Randolph Smith taught evidence and torts at Vanderbilt Law School and has argued injury appeals before the Tennessee Supreme Court. That appellate experience matters in malpractice cases, where expert witnesses and the strict filing rules are often challenged on appeal. His son Dominick R. Smith has been listed in Best Lawyers since 2025 for medical malpractice, mass torts, and personal injury. The firm handles anesthesia errors, misdiagnosis, birth injuries, and claims involving defective medical devices.
DRS Law is at 1913 21st Avenue South, Nashville, TN 37212. Phone: (615) 742-1775.
- A family firm whose team includes a former healthcare investment banker who works on medical case strategy
- Serves clients in Nashville, Bowling Green, Louisville, and Atlanta
Tennessee’s Malpractice Rules in Plain Terms
Tennessee calls these cases “health care liability” claims, and they follow stricter rules than an ordinary injury case:
- 60-day pre-suit notice. You must give written notice to each provider at least 60 days before filing a lawsuit. Doing this correctly extends the filing deadline by 120 days.
- Certificate of good faith. Your lawyer must file a certificate stating that a qualified medical expert reviewed the case and believes it has merit. A case without one can be dismissed.
- Expert location rule. Your expert generally must be licensed in Tennessee or a bordering state and have practiced in the relevant specialty during the year before the injury. Tennessee borders eight states, which gives good firms a wider pool of experts to draw from.
- Two deadlines. You usually have one year from when you discovered, or reasonably should have discovered, the injury. There is also an outer limit of three years from the date of the treatment itself, with narrow exceptions, such as when a foreign object was left inside the body.
- Capped legal fees. Tennessee limits attorney fees in these cases to one-third of the recovery, which protects families in cases with large awards.
FAQs
Q1. How long do I have to file a medical malpractice claim in Nashville?
A: Generally one year from discovering the injury, and no later than three years from the date of treatment, with limited exceptions.
Q2. How much does a medical malpractice lawyer cost in Tennessee?
A: These cases are handled on contingency, and state law caps the fee at one-third of the recovery.
Q3. Is there a limit on malpractice damages in Tennessee?
A: Pain and suffering is generally capped at $750,000, or $1 million for catastrophic injuries. Medical costs and lost income are not capped.
Q4. Is a bad outcome after surgery always malpractice?
A: No. A claim requires proof that the provider fell below the accepted standard of care and that this failure caused the harm.
Q5. What records should I gather before meeting a lawyer?
A: Bring your hospital discharge papers, test results, a list of every provider you saw, and a written timeline of events.
