Medical Malpractice Statute of Limitations in Tennessee
A statute of limitation sets forth the amount of time a would-be plaintiff has to bring a claim before a court. Most statutes of limitation begin on the date of injury or the date the injured party reasonably discovered the injury. In a Tennessee medical malpractice action, the statute of limitation is one year from the date of injury or one year from the date the plaintiff reasonably discovered the injury.
A “statute of repose,” on the other hand, is an absolute deadline that cuts off the plaintiff’s legal right to file a lawsuit. In a medical malpractice action, the absolute deadline is three years from the date of injury.
However, both the statutes of limitation and repose are extended 120 days from the date of expiration of the applicable limitation period if the plaintiff provides notice to all defendants in compliance with TCA 29-26-121.
As with most legal rules, there are certain exceptions that can suspend the statutes of limitation and repose upon a judicially acceptable excuse or justification. The first justification or excuse is called fraudulent concealment. This occurs when the defendant, by his actions or words, hides facts that would lead a plaintiff to believe that he or she has no cause of action. In this case, the plaintiff has one year from the date he or she learns that a cause of action exists.
Another situation that can extend the medical malpractice statutes of limitation or repose is when a doctor leaves an instrument or other foreign object in the patient’s body. Because objects left in the body can take years to cause damage to tissues and organs, the Tennessee legislature extended applicable limitation periods to one year from when the instrument or object was discovered or should have been discovered by the plaintiff, regardless of the 3-year absolute bar.
In Tennessee, the medical malpractice limitation periods are short; therefore, when injured, you have very little time to hire an attorney, investigate the merits of the claim, and bring a suit. If you feel you have a medical malpractice claim, it is imperative that you consult with an attorney as soon as possible so that you can preserve your legal rights. Call 866-853-2888.
