Medical Malpractice Statute of Limitations in Tennessee
Last verified 2026-07 · Source: Tenn. Code Ann. § 29-26-116 ✓ verified · 3 sources
The deadline
1 year
from the date of the negligent act or omission, or the date the injury was or should have been discovered, under Tenn. Code Ann. § 29-26-116.
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Under Tenn. Code Ann. § 29-26-116, you have 1 year from the date of the negligent act or omission, or the date the injury was or should have been discovered to file a medical malpractice claim in Tennessee. Miss it and you lose the right to sue — but several Tennessee-specific exceptions can extend (or shorten) that window, detailed below.
Tennessee Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 1 year | Tenn. Code Ann. § 29-26-116 |
| Car Accident | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Credit Card Debt | 6 yrs | Tenn. Code Ann. § 28-3-109(a)(3) |
| Wrongful Death | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Personal Injury | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Dog Bite | 1 yr | Tenn. Code Ann. § 44-8-413; SOL: § 28-3-104 |
| Slip and Fall | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Defamation | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1)(A) |
| Breach of Contract | 6 yrs | Tenn. Code Ann. § 28-3-109 |
| Medical Debt | 6 yrs | Tenn. Code Ann. § 28-3-109 |
When the Clock Starts
In Tennessee, the limitations period for medical malpractice claims generally begins on the date of the negligent act or omission, or the date the injury was or should have been discovered. Tennessee recognizes a discovery rule for this claim type: A discovery rule extends the one-year clock to one year from discovery, but a three-year statute of repose (measured from the negligent act) bars all claims, except in cases of fraudulent concealment or a retained foreign object.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Suits against government/public hospitals fall under the Governmental Tort Liability Act with a 12-month limitation (Tenn. Code Ann. § 29-20-305); claims against the State go to the Tennessee Claims Commission.
- Damage caps: $750,000 cap on noneconomic damages ($1,000,000 for catastrophic loss) under Tenn. Code Ann. § 29-39-102, upheld by the Tennessee Supreme Court in McClay v. Airport Management (2020).
Requires a 60-day pre-suit notice (Tenn. Code Ann. § 29-26-121) and a certificate of good faith attesting expert consultation (§ 29-26-122); the one-year base period is among the shortest in the nation.
Source: Tenn. Code Ann. § 29-26-116, official Tennessee statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Tennessee government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Tennessee Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Tennessee | 1 year | Tenn. Code Ann. § 29-26-116 |
| Kentucky | 1 yr | KRS 413.140(1)(e), (2) |
| Virginia | 2 yrs | Va. Code Ann. § 8.01-243 (minors § 8.01-243.1) |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-15(c) |
| Georgia | 2 yrs | O.C.G.A. § 9-3-71 |
| Alabama | 2 yrs | Ala. Code § 6-5-482 |
| Mississippi | 2 yrs | Miss. Code § 15-1-36 |
| Arkansas | 2 yrs | Ark. Code § 16-114-203 |
| Missouri | 2 yrs | RSMo § 516.105 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Tennessee?
You have 1 year from the date of the negligent act or omission, or the date the injury was or should have been discovered, under Tenn. Code Ann. § 29-26-116.
Can I still sue after 1 years in Tennessee?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Tennessee?
Yes. A discovery rule extends the one-year clock to one year from discovery, but a three-year statute of repose (measured from the negligent act) bars all claims, except in cases of fraudulent concealment or a retained foreign object.
What if the victim was a minor?
Tennessee generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Suits against government/public hospitals fall under the Governmental Tort Liability Act with a 12-month limitation (Tenn. Code Ann. § 29-20-305); claims against the State go to the Tennessee Claims Commission.
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Sources
- Official Tenn. Code Ann. § 29-26-116 (Justia — durable free official text; TN code otherwise only on commercial LexisNexis)
- Corroborating Tennessee Code § 29-26-116 (FindLaw)
- Corroborating Tennessee Statute of Limitations for Medical Malpractice (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Tennessee attorney.