While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.

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.

In its opinion filed on February 28, 2020, the Supreme Court of Tennessee at Nashville (“Tennessee Supreme Court”) held: “By removing any and all discretion from the trial courts in the decision to grant protective orders, the legislature, in its enactment of Tennessee Code Annotated section 29-26-121(f), impermissibly intruded on the authority of the judiciary over procedural matters. Thus, we must conclude that “the General Assembly overstepped its constitutional boundaries” in violation of the separation of powers clause in the Tennessee Constitution.”