Medical Malpractice:


State: Tennessee
Link to State Law: Tennessee Code

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Tennessee state law, contact an experienced attorney.

Statute of Limitations: The statute of limitations for medical malpractice actions in Tennessee is one year following the date of the event or incident giving rise to the injury, or one year from the date of the discovery of the injury. A medical malpractice action may not be brought more than three years after the date on which the negligent act or omission occurred unless there is fraudulent concealment on the part of the defendant. If this is the case, a medical malpractice action must be commenced within one year after discovery that the cause of action exists. If a foreign object has been left in the patient's body, the claim must be filed within one year after the injury or wrongful act is discovered or should have been discovered. If the case involves a minor, the statute of limitations begins to run on a minor's eighteenth birthday.

Minimum Qualifications of Expert Witnesses: In order to be qualified as a medical malpractice expert witness, an individual must be licensed in Tennessee or in a contiguous state, and must have been in practice for at least one year prior to the date of the plaintiff's injury.

Limitations on Monetary Damages: The state of Tennessee does not place caps on the damages that can be awarded in a medical malpractice suit.

Limitations on Attorney Fees: Contingent attorney fees in Tennessee medical malpractice cases are limited to 1/3 of the recovery.