Tennessee Medical Malpractice Laws Recent Amendment
Since the 1970s, several states have reformed their medical malpractice laws in response to nation-wide concerns over increasing insurance premiums and a belief that physicians leave their specialties and geographical areas because of suits filed against them. Unfortunately, some state Legislatures have gotten over-zealous in reducing the number of “frivolous lawsuits” filed by creating procedural traps that cleanse dockets of both meritorious and non-meritorious claims. Tennessee is no different.
After four amendments to what was originally SB 2001, Governor Bredesen on May 15, 2008, signed into law House Bill 1993, which is now codified as Tenn. Code Ann. sections 29-26-121 and 122. Section 121 codifies a pre-filing notice requirement, and section 122 codifies an expert pleading requirement.
The pre-filing notice provision requires the Plaintiff’s attorney to provide written notice of any potential Tennessee medical malpractice claim to each “health care provider” within 60 days of filing suit. Simply put, a claimant cannot file suit until 60 days has passed from the date of serving notice. During this sixty day period, all parties are entitled to obtain complete copies of claimant’s medical records. Section 121 also provides that if notice is filed, the one-year statute of limitation is “extended up to a period of ninety (90) days” and “applies to all parties and potential parties.” Failure to adhere to similar provisions in other states has resulted in dismissal of the case.
The expert pleading requirements apply after the complaint is filed. Within 90 days of filing the complaint, the Plaintiff’s attorney must file a certificate with the court stating that he or she has consulted with a competent expert. Further, the expert must provide to the attorney a statement indicating that he or she believes there is a good faith basis to maintain the Tennessee medical malpractice action based on available medical information. As with the pre-filing notice requirement, failure to strictly adhere to this provision may result in permanent dismissal of the claim.
Although the Legislature has enacted the new legislation to curb the number of frivolous medical malpractice suits filed in Tennessee, there is a great potential for meritorious claims to get denied simply because an unwary attorney failed to file notice or a certificate of good faith. Don’t risk having your valid medical malpractice claim get dismissed because of a procedural pit-fall; call the skilled Knoxville personal injury attorneys at Baker Associates for a free consultation.
