Every state, including Tennessee, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Tennessee, the standard deadline is one year after the date upon which the claimant discovered the injury. However, actions not may be brought more than three years after the date on which the negligent act or omission occurred, unless the action involves a foreign object. In the case of minors, or if the claimant is not of sound mind at the time the cause of action accrues, the time limit falls one year after the minor's eighteenth birthday or the date the individual’s disability is removed.
Tennessee has adopted the modified doctrine of comparative negligence. A plaintiff in a negligence action may recover damages if his negligence is less than or equal to that of all the defendants. The amount of the plaintiff’s recovery shall be reduced in proportion to the amount of his negligence.
In 2016, Tennessee had 23,039 licensed physicians within a population of 6,651,194 residents, equaling 346 physicians for every 100,000 people. Medical malpractice suits in 2015 were 33 per 100,000 residents, with a total payout of $45.9 million. This represents a 20.6% decrease from 2014. In 2015, Tennessee ranked 5th in medical malpractice lawsuits. The most common three types of medicine practiced as of 2014 were internal medicine, family medicine/general practice, and pediatrics.
• Industry Average Cost of a Tennessee Medical Malpractice Insurance Policy: $10,349
• Is Medical Malpractice Insurance Required in Tennessee? No, but protecting assets is recommended.
• Minimum Carrying Requirements in Tennessee: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in Tennessee? The noneconomic damages are capped at $750,000, increased to $1 million in cases of catastrophic injury.
• What is the “statute of limitations” for a medical malpractice complaint? 1 year / 3 years, Tennessee Code Annotated section 29-26-116