FB Tennessee Statute of Limitations for Birth Injuries, Medical Malpractice

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 3 years

SOL for Medical Malpractice Claims (Parental Claims): 1 years

SOL for Wrongful Death Claims: 1 year

Tennessee Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

3 years: Tenn. Code Ann. § 28-1-106: If the person entitled to commence an action is, at the time the cause of action accrued, either under eighteen (18) years of age, or adjudicated incompetent, such person, or such person’s representatives and privies, as the case may be, may commence the action, after legal rights are restored, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from restoration of legal rights. HOWEVER: the TN Supreme Court has held that the statute of repose for medical malpractice cases (§ 29-26-116) does not make an exception for minority, and thus serves as an absolute limitation and is applicable to minors. See Callaway v. Schucker, 193 S.W.3d 509 (2005).

Tennessee Statute of Limitations for Medical Malpractice Claims (Parental Claims)

1 year: Tenn. Code Ann. § 29-26-116 (a): (1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104.
(2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery.
(3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists.

Tennessee Medical Malpractice Claim Caps

Tenn. Code Ann. § 29-39-102: (a) In a civil action, each injured plaintiff may be awarded: (1) Compensation for economic damages suffered by each injured plaintiff; and (2) Compensation for any noneconomic damages suffered by each injured plaintiff not to exceed seven hundred fifty thousand dollars ($750,000) for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death. (b) If multiple defendants are found liable under the principle of comparative fault, the amount of all noneconomic damages, not to exceed seven hundred fifty thousand dollars ($750,000) for each injured plaintiff, shall be apportioned among the defendants based upon the percentage of fault for each defendant, so long as the plaintiff’s comparative fault (or in a wrongful death action, the fault of the decedent) is not equal to or greater than fifty percent (50%), in which case recovery for any damages is barred. (c) If an injury or loss is catastrophic in nature, as defined in subsection (d), the seven-hundred-fifty-thousand-dollar amount limiting noneconomic damages, as set forth in subdivision (a)(2) and subsection (b) is increased to, but the amount of damages awarded as noneconomic damages shall not exceed, one million dollars ($1,000,000). (d) “Catastrophic loss or injury” means one (1) or more of the following: (1) Spinal cord injury resulting in paraplegia or quadriplegia; (2) Amputation of two (2) hands, two (2) feet or one (1) of each; (3) Third degree burns over forty percent (40%) or more of the body as a whole or third degree burns up to forty percent (40%) percent or more of the face; or (4) Wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation. (e) All noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, shall not exceed in the aggregate a total of seven hundred fifty thousand dollars ($750,000), unless subsection (c) applies, in which case the aggregate amount shall not exceed one million dollars ($1,000,000).

Tennessee Statute of Limitations for Wrongful Death Claims

1 year: Tenn. Code Ann. § 29-26-116: The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104.

Tennessee Wrongful Death Claim Caps

Tenn. Code Ann. § 29-39-102: (a) In a civil action, each injured plaintiff may be awarded: (1) Compensation for economic damages suffered by each injured plaintiff; and (2) Compensation for any noneconomic damages suffered by each injured plaintiff not to exceed seven hundred fifty thousand dollars ($750,000) for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death. (b) If multiple defendants are found liable under the principle of comparative fault, the amount of all noneconomic damages, not to exceed seven hundred fifty thousand dollars ($750,000) for each injured plaintiff, shall be apportioned among the defendants based upon the percentage of fault for each defendant, so long as the plaintiff’s comparative fault (or in a wrongful death action, the fault of the decedent) is not equal to or greater than fifty percent (50%), in which case recovery for any damages is barred. (c) If an injury or loss is catastrophic in nature, as defined in subsection (d), the seven-hundred-fifty-thousand-dollar amount limiting noneconomic damages, as set forth in subdivision (a)(2) and subsection (b) is increased to, but the amount of damages awarded as noneconomic damages shall not exceed, one million dollars ($1,000,000). (d) “Catastrophic loss or injury” means one (1) or more of the following: (1) Spinal cord injury resulting in paraplegia or quadriplegia; (2) Amputation of two (2) hands, two (2) feet or one (1) of each; (3) Third degree burns over forty percent (40%) or more of the body as a whole or third degree burns up to forty percent (40%) percent or more of the face; or (4) Wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation. (e) All noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, shall not exceed in the aggregate a total of seven hundred fifty thousand dollars ($750,000), unless subsection (c) applies, in which case the aggregate amount shall not exceed one million dollars ($1,000,000).


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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