What is the deadline for filing a medical malpractice case in Tennessee?
The short answer to this question is one year plus one hundred-twenty days. But the issue is really more complicated than that. Generally, medical malpractice cases must be initiated within one year of the incident which causes the injury. For example, if a doctor performs surgery on the wrong arm of the patient, the patient will have one year from the date of the surgery to initiate a claim. A new Tennessee law requires that medical providers be given 60 days advance notice in the proper form before being sued for medical malpractice. The notice must be given before the expiration of the time limit for initiating the claim, so generally within one year. If proper notice is given, the deadline for filing the lawsuit is then automatically extended by 120 days. Medical malpractice claims are subject to what is known as a “statute of repose.” A statute of repose imposes an absolute time limit for bringing a claim regardless of the age of the injured person or when the person became aware
