Tennessee calls medical malpractice 'health care liability,' and these claims carry procedural requirements that trip up the unprepared. Missing a step can end a valid case before it begins.
The 60-Day Pre-Suit Notice
Before filing a health care liability lawsuit, Tennessee law requires the plaintiff to give each defendant written pre-suit notice at least 60 days before the complaint is filed, under Tenn. Code Ann. § 29-26-121. The notice must include specific information, including a HIPAA-compliant authorization allowing the providers to obtain relevant records.
Providing proper notice also extends the statute of limitations by 120 days, giving the parties time to evaluate the claim. But a defective notice can jeopardize that extension and the case itself.
The Certificate of Good Faith
Tennessee also requires a certificate of good faith under § 29-26-122. This document confirms that a qualified expert has reviewed the case and believes there is a good-faith basis to proceed. It must be filed with the complaint. Failure to file it, absent extraordinary cause, typically results in dismissal with prejudice — meaning the claim cannot be refiled.
Why These Rules Exist
The legislature designed these hurdles to screen out meritless claims early. The practical effect is that health care liability cases require expert involvement and careful procedure from the very start. These are not claims to pursue without experienced legal help.
The Bottom Line
If you suspect a Tennessee provider's negligence caused harm, the combination of the one-year limitations period, the 60-day notice, and the certificate requirement means time and precision are critical. A prompt case review can preserve your options before any deadline passes.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Tennessee attorney.