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Tennessee medical malpractice law requires the injured patient to also prove causation between the negligence and the subsequent injury. The negligence must be the actual cause in fact of the patient's injury.
§ 29-26-121, the claimant must give a notice to each health care provider being named as a defendant.
Legislative tort reform has now arrived in Tennessee in the form of Public Act No. 919. The Act is designed to reduce the number of non-meritorious medical malpractice lawsuits filed, thus reducing the time, expense (and stress) of unwarranted litigation.
What is tort reform on medical malpractice? Tort reform on medical malpractice claims are bills that aim to limit litigation claims, decrease plaintiff awards, shorten statutes of limitations, and ultimately protect medical providers from being sued for dangerous and harmful errors.
In Tennessee, medical malpractice claims must be filed within one year of when the malpractice was discovered, but only up to three years after the incident occurred. An exception to this rule is for claims involving the insertion of foreign objects or for fraud or concealment.
In 2011, Tennessee passed tort reform legislation which impacted compensatory damages in several key ways. First, compensatory damages are now classified as either economic or non-economic.
The median payout in Tennessee was $200,000.
Medical malpractice is negligent conduct by a health care provider that causes injury or death to a patient. It is more appropriately called "medical negligence" because the use of the word "malpractice" often connotes incompetence or a lack of professionalism.