Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

The limit is the same. The procedure and the damages rules differ.

The cap

The noneconomic limit in TCA 29-39-102 applies to civil actions generally, so it reaches health care liability actions as well.

The clock

A health care liability action has one year under TCA 28-3-104; if the injury is not discovered within that year, the period runs one year from discovery, but never more than three years after the negligent act, except for fraudulent concealment, with a separate rule for a foreign object left in the body.

Pre-suit notice

You must give written notice to each health care provider that will be a named defendant at least sixty days before filing.

Certificate of good faith

When expert testimony is required, the plaintiff or counsel must file a certificate of good faith with the complaint, or the complaint is dismissed absent a showing of extraordinary cause or the provider's delay in producing records.

Past medical bills

In a health care liability action, past actual economic losses are limited to amounts paid or accepted as full payment, so write-offs reduce the recoverable medical expenses.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Tennessee's rules apply to your specific case with a licensed Tennessee attorney.