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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.

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 · neighbouring jurisdictions

Compare to neighbours.

How Tennessee's fault rule and limitation period compare to other US jurisdictions 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
AlabamaPure contributory negligence2 years from date of injuryAL · medical negligence
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · medical negligence
ArizonaPure comparative negligence2 years from date of injuryAZ · medical negligence
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · medical negligence
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · medical negligence
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · medical negligence
DelawareModified comparative — 51% bar2 years from date of injuryDE · medical negligence
District of ColumbiaPure contributory negligence3 years from date of injuryDC · medical negligence
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · medical negligence
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · medical negligence
HawaiiModified comparative — 51% bar2 years from date of injuryHI · 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.