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Tennessee · medical negligence

Medical negligence settlements
in Tennessee.

By 6 min read

Tennessee applies modified-50 comparative fault since McIntyre v. Balentine (1992) abolished pure contributory negligence, with one of the shortest US PI limitation windows (one year) and a $750,000 general non-economic cap. For medical negligence claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Tennessee's modified comparative — 50% bar and any applicable statutory cap.

Tennessee applies modified comparative negligence with a 50% bar. For medical negligence claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects medical negligence settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.

For medical negligence claims specifically, statutory caps frequently apply to non-economic damages or to total recovery — Tennessee's caps (non-economic damages cap (general)) materially compress the upper end of the band. Catastrophic medical negligence cases that would otherwise produce seven- or eight-figure awards are routinely capped at the statutory ceiling.

band · US federal frame
$30,000 – statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Tennessee's fault rule and any applicable cap then adjust the figure.

TN · statute of limitations
1 year from date of injury — among the shortest in the US

Tenn. Code Ann. § 28-3-104

TN · fault rule
Modified comparative — 50% bar

Modified comparative — recovery barred at 50% claimant fault under McIntyre v. Balentine (1992).

TN · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Tennessee.

medical negligence · same region & fault regime

Compare to like jurisdictions.

How Tennessee's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Tennessee · you are hereModified comparative — 50% bar1 year from date of injury — among the shortest in the US
TexasModified comparative — 51% bar2 years from date of injuryTX · medical negligence
VirginiaPure contributory negligence2 years from date of injuryVA · medical negligence
West VirginiaModified comparative — 51% bar2 years from date of injuryWV · medical negligence
AlabamaPure contributory negligence2 years from date of injuryAL · medical negligence
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · medical negligence
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · medical negligence
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · medical negligence
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · medical negligence
IdahoModified comparative — 50% bar2 years from date of injuryID · medical negligence
VermontModified comparative — 51% bar3 years from date of injuryVT · medical negligence
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence
TN · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Tennessee's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Tennessee. See /methodology, /sources, and /disclaimer.