Medical malpractice in Tennessee
Health care liability actions
Tennessee health care liability claims move on a short timeline. Most cases need 60-day pre-suit notice, a certificate of good faith with the complaint, and face noneconomic damage limits of $750,000, or $1,000,000 in a catastrophic case.
Last reviewed September 22, 2026
- Noneconomic cap
- $750,000
- Catastrophic injury
- $1,000,000
- Usual filing window
- 1 year
Per injured plaintiff in an ordinary case
Listed catastrophic losses in the statute
From accrual, with a 3-year outer limit
Damage caps
Noneconomic damages are generally limited to $750,000 per injured plaintiff. A $1,000,000 limit applies to listed catastrophic injuries. Economic damages are not capped by that statute. The noneconomic limit can be lifted in narrow situations, such as intentional destruction of records to evade liability or a related felony conviction.
Not capped
Economic damages
Economic damages are limited by proof. They are not capped by the noneconomic statute. A separate health care liability statute addresses how some collateral-source proof is handled.
Capped
Noneconomic damages
Noneconomic damages are generally limited to $750,000 per injured plaintiff for all injuries and occurrences in a civil action, including a health care liability action. A $1,000,000 limit applies to a statutory catastrophic loss or injury. Examples in the statute include certain spinal-cord paralysis, dual amputations, severe third-degree burns, and the wrongful death of a parent who leaves a surviving minor child. This page does not decide which category applies to a given case.
The noneconomic limit does not apply in four situations: intentional infliction of serious physical injury; intentional falsification, destruction, or concealment of material records to evade liability; impairment by intoxicants that caused the harm; or a felony conviction arising from the act that caused the injuries.
The injured plaintiff's noneconomic award and derivative claims, such as a spouse's loss of consortium, share one limit. Yebuah v. Center for Urological Treatment (2021).
McClay v. Airport Management Services, LLC. In 2020, the Tennessee Supreme Court upheld the statutory noneconomic damages cap. Derivative claims share that one limit with the injured plaintiff's noneconomic award.
McClay v. Airport Management Services, LLC (opens in a new tab)
Filing deadlines
File within one year of accrual in most cases, subject to discovery and a three-year outer limit. Send the statutory notice at least 60 days before suit. Proper notice generally adds 120 days to the deadline.
- General rule
A health care liability action generally must be brought within one year after the cause of action accrued.
- Discovery
If the injury is not discovered within that one-year period, the action may be brought within one year after discovery.
- Outer limit
The action is in no event more than three years after the date of the negligent act or omission, except for the fraudulent-concealment and foreign-object rules in the statute.
- Certificate of good faith
When expert testimony is required, file a certificate of good faith with the complaint. The certificate confirms that the claimant consulted a competent expert who provided a signed written statement supporting a good-faith basis for each defendant. Failure to file can lead to dismissal with prejudice unless the court finds extraordinary cause.
- Notice before suit
Give each named provider written notice at least 60 days before filing. The notice must include the content required by statute, including a HIPAA-compliant medical authorization.
Proper written notice generally extends the applicable limitations and repose periods by 120 days.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The clock is short, and notice comes first
The process headline is a one-year filing period, written notice at least 60 days before suit, and a certificate of good faith filed with the complaint.
Two noneconomic categories, plus narrow exceptions
The valuation headline is $750,000 in an ordinary case and $1,000,000 for a listed catastrophic injury. The statute also lists four situations in which the noneconomic limit does not apply. Which category fits is a legal question for the case, not a promise on this page.
Derivative claims share the cap
A derivative claim, such as a spouse's consortium claim, does not get a separate noneconomic cap. It shares the injured plaintiff's limit. That aggregation is easy to miss.
McClay v. Airport Management Services, LLC (opens in a new tab)
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Tennessee case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The ordinary or catastrophic cap category, and notice compliance, often shape settlement ranges.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Health care liability actions are under Title 29, Chapter 26. Noneconomic damages are generally capped at $750,000 per injured plaintiff, or $1,000,000 for a statutory catastrophic loss, under T.C.A. section 29-39-102. The cap was upheld in McClay (2020). Derivative claims share one cap under Yebuah (2021). The cap lifts in the four situations listed in section 29-39-102(h). The timing traps are a one-year limitations period, a three-year repose, 60-day pre-suit notice with a 120-day extension, and a certificate of good faith.
- T.C.A. § 29-39-102 (statute mirror) (opens in a new tab)Accessed September 22, 2026
- McClay v. Airport Management Services, LLC (Tennessee Supreme Court) (opens in a new tab)Accessed September 22, 2026
- T.C.A. § 29-26-116 (statute mirror) (opens in a new tab)Accessed September 22, 2026
- T.C.A. § 29-26-121 (statute mirror) (opens in a new tab)Accessed September 22, 2026
- T.C.A. § 29-26-122 (statute mirror) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Tennessee attorney about notice timing, the certificate of good faith, and which noneconomic limit applies.