What Is Tennessee's Statute of Limitations for Medical Malpractice Lawsuits?

If you're thinking about filing a medical malpractice lawsuit against a doctor or any other kind of health care provider in Tennessee, one of your first concerns is understanding and making sure you comply with the state's statute of limitations for these kinds of cases.

Tennessee's "Statute of Limitations" Deadline for Filing a Medical Malpractice Lawsuit

A "statute of limitations" is a law that puts a strict time limit on your right to go to court and get a lawsuit started. Different states have different deadlines depending on the kind of case you want to file.

In Tennessee, the standard statute of limitations for medical malpractice lawsuits gives you only one year to get your case filed in court.

When Does the "Clock" Start for Tennessee's Medical Malpractice Lawsuit Deadline?

The statute of limitations usually means you have one year to get your medical malpractice lawsuit filed, starting on the date on which the health care provider committed the medical error that led to the case. But in some cases the "clock" doesn't start running right away. In Tennessee, if the occurrence or impact of the malpractice isn't discovered within that one-year period, the statute of limitations period beings to run on the date on which it is discovered, and the filing deadline is one year from that date.

(Tennessee Code Annotated section 29-26-116)

What Is the "Statute of Repose" In Tennessee Medical Malpractice Cases?

In Tennessee, there is also a larger deadline for medical malpractice lawsuits which says that, regardless of when or if the injury was discovered, the case can't be brought more than three years after the date of the health care provider's mistake. This is called a "statute of repose."

The only exceptions to this over-arching three year deadline in Tennessee are:

• when the health care provider acted to conceal the medical malpractice, or
• where a foreign object has been left in a patient's body (after a surgery, for example).

In these two situations, the one-year lawsuit filing deadline described above applies, and there is no larger three-year deadline.

What Happens If I Miss the Statute of Limitations Deadline?

If the deadline set by the Tennessee statute of limitations has passed, but you try to file the lawsuit anyway, the doctor or health care facility you're trying to sue will file a motion asking the court to dismiss the case, and the court will almost certainly grant the motion. So it's critical that you pay attention to the deadline as it applies to your case, especially in Tennessee. A one-year filing window can close surprisingly quickly.

If you're in danger of missing the statute of limitations deadline, or you just want to discuss your case with an experienced legal professional, learn more about how a medical malpractice lawyer can help.