TBA Law Blog

Posted by: Katharine Heriges on Jun 6, 2018

The Tennessee Supreme Court has unanimously held that after the expiration of the one-year statute of limitations, a plaintiff cannot amend her health care liability suit to substitute a health care provider to which the plaintiff had not given pre-suit notice as required by state law. The Tennessee Health Care Liability Act requires a plaintiff with a potential health care liability claim to give pre-suit written notice at least 60 days before filing a lawsuit to each health care provider that will be named as a defendant. When a plaintiff complies with the pre-suit notice requirement, the one-year statute of limitations for the filing of claims is extended by 120 days. A court can dismiss a lawsuit if the plaintiff fails to give pre-suit notice to a health care provider before filing suit. Pre-suit notice to a defendant encourages the investigation, negotiation, and possible settlement of a health care liability case before the plaintiff files suit.