Health Justice Transformation - Tennessee

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

Yes. Courts have held joint and several liability obsolete.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Damages awarded will be reduced by collateral payments. Such reduction shall be offset by the amount the plaintiff paid to secure the benefit.

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff’s Attorneys Fees

Yes. Attorney compensation shall be awarded by the court but may not exceed 33.3% of total damages.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Not mandated but permitted.

Standards for Expert Testimony/Witness

Expert witnesses must be licensed in Tennessee or a contiguous bordering state in a profession or specialty which would make that person's expert testimony relevant to the issues of the case and practices in such profession or specialty during the year preceding the date of the alleged injury or wrongful act occurred.