Tennessee Medical Malpractice Laws

Minors have until 1 year after reaching age 18 to file, but the 3-year statute of repose still applies. For minors under age 5, the statute is extended to their 8th birthday.

If the defendant fraudulently conceals the malpractice, the 3-year repose period does not apply. The plaintiff has 1 year from discovery of the concealed malpractice.

If a foreign object (not including chemical compounds, fixation devices, or prosthetic aids) is left in the body, the 1-year period runs from discovery. The 3-year repose may still apply.

The same non-economic damage caps that apply to general PI apply to medical malpractice: $750,000 standard, $1,000,000 for catastrophic injuries (paraplegia/quadriplegia, amputation of 2+ limbs, 40%+ body burns, or wrongful death leaving minor children).

There is no cap on economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

Before filing suit, the plaintiff must give the healthcare provider(s) at least 60 days' written notice of the intended claim. The notice must include the medical records and the basis for the claim. During this 60-day period, the statute of limitations is tolled.

At the time of filing, the plaintiff's attorney must file a certificate of good faith stating that they have consulted with a medical expert who has provided a signed written statement that there is a good faith basis for the claim. Failure to comply can result in dismissal.

Tennessee follows the "professional standard" for informed consent — a healthcare provider must disclose the risks and alternatives that a reasonable provider in the same specialty would disclose. The statute specifically provides that informed consent is a defense if proper disclosure was made and the patient consented.

Tennessee has moved away from the strict "locality rule" for the standard of care. The standard is now based on what a reasonable healthcare provider in the same specialty would do, considering the available facilities and resources — a national standard with local considerations.