Tennessee Medical Malpractice Laws

There is no limitation on economic damages but there is a limit on noneconomic damages in the amount of $750,000. If the injury was catastrophic in nature, the limit increases to $1 million. The noneconomic limitations do not apply if the defendant had a specific intent to inflict serious physical injury and it did so or if the defendant intentionally falsified, destroyed, or concealed medical records to purposely evade liability to the claimant. The statute of limitations is one year from injury or discovery but no more than three years from the incident unless fraudulent concealment by the defendant (in which case one year from discovery that the cause of action exists). For foreign object, one year after injury or wrongful act is reasonably discovered. There is several liability only. There is no provision for periodic payments. There is no requirement for pre-trial alternative dispute resolution or screening panels. The claimant is required to file a certificate of good faith stating that the claimant has obtained at least one written statement from a qualified expert that there is a good faith basis to maintain the action or that there is not enough information available but there still is a good faith basis for maintaining the action. Experts must be licensed in Tennessee or in a contiguous state during the year prior to the incident.

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