TN · Health & Medical

Health & Medical in Tennessee

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Tennessee Law

Tennessee Code Annotated Section 29-26-116

Tennessee requires medical malpractice claims to be filed within one year of discovery of the injury under Tenn. Code Ann. § 29-26-116, with a three-year absolute repose period. The one-year period may be extended to 120 days from pre-suit notice.

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Procedural Details in Tennessee

Tennessee requires 60-day pre-suit notice to each defendant health care provider under Tenn. Code Ann. § 29-26-121, which extends the limitations period by 120 days. The notice must include a description of the claim and a HIPAA-compliant medical records authorization. Tennessee requires a certificate of good faith from the plaintiff's attorney, accompanied by an expert's signature, filed within the complaint under § 29-26-122. Tennessee caps non-economic damages in medical malpractice at $750,000 (or $1,000,000 in cases of catastrophic injury) under Tenn. Code Ann. § 29-39-102. Tennessee applies modified comparative fault (50% bar). The Tennessee Board of Medical Examiners investigates complaints.

Tennessee Agencies & Resources

Tennessee Board of Medical Examiners

Licenses and disciplines physicians in Tennessee; investigates professional conduct complaints.

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Tennessee Department of Health

Oversees hospital licensing and patient safety regulations in Tennessee.

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Tennessee Department of Commerce and Insurance

Regulates health insurance and handles consumer complaints in Tennessee.

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Frequently Asked Questions

What is the statute of limitations for medical malpractice in Tennessee?

Tenn. Code Ann. § 29-26-116 provides one year from discovery, with a three-year absolute repose period. Tennessee requires 60-day pre-suit notice under § 29-26-121, which extends the limitations period by 120 days. A certificate of good faith with an expert signature must also accompany the complaint under § 29-26-122.

What are Tennessee's non-economic damage caps in malpractice?

Tennessee caps non-economic damages (pain, suffering, emotional distress) in medical malpractice at $750,000 for most cases and $1,000,000 for cases involving catastrophic injury under Tenn. Code Ann. § 29-39-102. Economic damages are uncapped.

What pre-suit notice does Tennessee require before filing a malpractice claim?

Under Tenn. Code Ann. § 29-26-121, plaintiffs must serve 60-day pre-suit written notice on each defendant, accompanied by a HIPAA-compliant medical authorization. This notice extends the statute of limitations by 120 days. Failure to comply may result in dismissal.

How do I file a complaint against a doctor in Tennessee?

Complaints against physicians may be filed with the Tennessee Board of Medical Examiners through the Department of Health at tn.gov/health. The Board investigates and may impose conditions, suspend, or revoke a physician's license. Board proceedings are independent of civil litigation.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026