Tennessee Medical Malpractice Settlement Calculator
Estimate Tennessee medical malpractice settlement — $750K non-economic cap ($1M catastrophic), 1-year SOL, mandatory pre-suit notice + Certificate of Good Faith.
Tennessee medical malpractice claims are governed by Tenn. Code Ann. §29-26-115 (Standard of Care & Expert Testimony): Plaintiff must prove by a preponderance of the evidence that the defendant failed to meet the recognized standard of acceptable professional practice in the community where the defendant practices or a similar community; expert testimony from a licensed practitioner in Tennessee or a contiguous state who practiced the relevant specialty within the year preceding the alleged injury is required, and injury alone does not raise a presumption of negligence. Of the 5 landmark Tennessee medical malpractice awards documented on this page, the largest is $47M (Boughton v. Saint Thomas Midtown Hospital (Case No. 19C2245, Davidson County 6th Circuit Court); 2024).
TN: $750K non-econ cap / $1M catastrophic (§29-39-102) — under renewed challenge in McClay 2025. 1-yr SOL + 3-yr repose. Modified comparative (49% bar). Avg payout ~$185K, median ~$95K.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
How Your Estimate Compares
Based on 529,804 medical malpractice payments reported to the National Practitioner Data Bank (2000–2025):
Source: NPDB analysis of the HRSA National Practitioner Data Bank, Public Use Data File, 2000-2025 payment reports. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Tennessee Medical Malpractice — Key Framework
Tennessee caps non-economic damages at $750,000 in standard med-mal cases and $1,000,000 for catastrophic injuries (spinal/paralysis, amputation, severe burns, wrongful death of parent of minor) under Tenn. Code §29-39-102. The cap is under renewed constitutional challenge in 2025 (McClay-line cases) on jury-trial and equal-protection grounds — watch the Tennessee Supreme Court docket.
SOL: 1 year from injury or discovery under §29-26-116 — one of the shortest in the US — with an absolute 3-year statute of repose from the negligent act (fraudulent concealment and foreign-object exceptions). Minors: tolled until age 18 but capped by the 3-year repose except in fraud cases.
Tennessee requires a 60-day pre-suit notice to every defendant healthcare provider (§29-26-121) AND a Certificate of Good Faith filed with the complaint (§29-26-122) attesting that a qualified expert has reviewed the case and found a good-faith basis. Missing either is grounds for dismissal. Modified comparative negligence under McIntyre v. Balentine (1992): plaintiff barred at 50% or more fault.
Key TN Med-Mal Statutes
Tennessee Health Care Liability Act key provisions:
Tenn. Code Ann. §29-26-115
Standard of Care & Expert TestimonyStandard: Plaintiff must prove by a preponderance of the evidence that the defendant failed to meet the recognized standard of acceptable professional practice in the community where the defendant practices or a similar community; expert testimony from a licensed practitioner in Tennessee or a contiguous state who practiced the relevant specialty within the year preceding the alleged injury is required, and injury alone does not raise a presumption of negligence.
Tenn. Code Ann. §29-26-116
Statute of Limitations & ReposeStandard: Health care liability actions must be filed within one year of the date the negligent act occurred or was discovered; in no event may suit be brought more than three years after the negligent act, except where a foreign object was left in the body or the defendant fraudulently concealed the cause of action.
Tenn. Code Ann. §29-26-121
60-Day Pre-Suit NoticeStandard: A claimant must provide written notice to every prospective defendant at least 60 days before filing suit; the notice must include the claimant's name and birth date, attorney contact information, a list of all providers being notified, and a HIPAA-compliant medical authorization allowing defendants to obtain records from each other provider named in the notice — failure to substantially comply results in dismissal.
Tenn. Code Ann. §29-26-122
Certificate of Good FaithStandard: Plaintiff or plaintiff's counsel must file a certificate of good faith simultaneously with the complaint certifying that a qualified expert has reviewed the claim and provided a signed written statement that there is a good faith basis to maintain the action consistent with §29-26-115 requirements; non-compliance results in dismissal absent extraordinary cause.
Tenn. Code Ann. §29-39-102
Non-Economic Damage CapStandard: Non-economic damages (pain, suffering, loss of consortium) are capped at $750,000 in the aggregate per action; the cap rises to $1,000,000 for catastrophic injuries including spinal cord injuries causing paraplegia or quadriplegia, bilateral limb amputations, third-degree burns covering 40% or more of the body, or wrongful death of a parent leaving minor children — economic damages are not capped.
McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)
Modified Comparative Fault (49% Bar)Standard: Tennessee abolished contributory negligence and adopted modified comparative fault: a plaintiff may recover damages only if their share of fault is less than 50%; if the plaintiff is 50% or more at fault, recovery is barred; damages are reduced proportionally to the plaintiff's fault percentage.
Recovery Structure
Economic damages: medical bills, lost wages, future care — no cap. Non-economic: pain & suffering capped at $750K standard / $1M catastrophic per §29-39-102. Punitive: capped at greater of $500K or 2x compensatory under §29-39-104 (struck down federally in Lindenberg 2018 for diversity cases, still applied in TN state court).
Expert Requirements + Attorney Fees
Expert testimony required: standard of care, deviation, and causation must be proven by a practitioner licensed in Tennessee or a contiguous state under §29-26-115. Pre-suit notice (60 days) + Certificate of Good Faith at filing — see Statutes. Attorney fees: typically 33-40% contingency, no recovery = no fee.
Damage Caps
Non-economic cap: $750,000 standard / $1,000,000 catastrophic (§29-39-102, upheld in Yebuah v. Center for Urological Treatment, Tenn. 2021). Catastrophic = spinal cord injury with paralysis, amputation, third-degree burns over 40%+ body, or wrongful death of a parent leaving minor children. Punitive cap: greater of $500K or 2x compensatory (§29-39-104). Economic damages: no cap.
TN Med-Mal Verdicts + Averages
Tennessee verdicts and average payouts reflect state-specific framework:
| Amount | Year | Case / Injury |
|---|---|---|
| $47M | 2024 | Boughton v. Saint Thomas Midtown Hospital (Case No. 19C2245, Davidson County 6th Circuit Court) — Newborn Vivian Boughton suffered hypoxic-ischemic encephalopathy, cerebral palsy, epilepsy, and permanent brain damage during delivery at Ascension Saint Thomas Midtown Hospital in 2018 after the medical team failed to expedite delivery despite worsening fetal distress — Tennessee's largest medical malpractice verdict in state history. |
| $16.1M | 2023 | Bing v. Nagy et al. (5th Circuit Court, Nashville) — Justin Bing, 26, suffered cardiac arrest, strokes, and permanent brain damage after physicians at Tristar Skyline Hospital failed to properly treat a bile leak following routine gallbladder surgery — at the time the largest malpractice verdict in Nashville history. |
| $23.6M | 2009 | Hill v. Moise et al. (Shelby County Jury, Memphis) — Courtney Hill's breast cancer was not diagnosed for 18 months after Dr. Claudia Moise of OB-GYN Specialists P.C. dismissed repeated complaints about a breast lump without ordering imaging, allowing the cancer to spread to her liver — one of Tennessee's largest malpractice verdicts at the time. |
| $10.7M | 2010 | Barkes v. River Park Hospital, Inc. (No. M2006-01214-SC-R11-CV, Tenn. Supreme Court) — Wayne Barkes was sent home from the River Park Hospital emergency room with a misdiagnosis of arm sprain without a physician evaluation, dying of cardiac arrest within two hours; the Tennessee Supreme Court affirmed the $7.2M verdict (grown to $10.7M with interest) and established direct hospital liability independent of vicarious liability. |
| $7.8M | 2021 | Yebuah v. Center for Urological Treatment, PLC (Tenn. Supreme Court) — A portion of a Gelport surgical device was unintentionally left inside Mrs. Yebuah's abdomen during kidney surgery and remained undetected for eight years; the Tennessee Supreme Court ruled the $750,000 aggregate non-economic damage cap applied to both plaintiffs combined, reducing the jury award. |
Tennessee Medical Malpractice FAQs
What is Tennessee's cap on medical malpractice damages?
$750,000 on non-economic damages standard, $1,000,000 for catastrophic injuries (spinal/paralysis, amputation, severe burns, wrongful death of parent of minor) under Tenn. Code §29-39-102. The Tennessee Supreme Court upheld the cap in Yebuah v. Center for Urological Treatment (2021), but the cap is under renewed constitutional challenge in 2025 on jury-trial grounds (McClay-line cases). Economic damages have no cap.
What is the Tennessee medical malpractice statute of limitations?
1 year from injury or discovery under §29-26-116 — one of the shortest in the United States. Absolute repose: 3 years from the negligent act, regardless of discovery (exceptions: fraudulent concealment and foreign objects left in the body). Minors are tolled until age 18 but generally still bound by the 3-year repose. Miss the 1-year deadline and your claim is dead — file early.
Do I need to send pre-suit notice before filing in Tennessee?
Yes — §29-26-121 requires 60-day written pre-suit notice to every healthcare provider you intend to sue, with HIPAA authorization and a list of providers receiving notice. Compliant notice extends the SOL by 120 days. Non-compliance is grounds for dismissal. Additionally, §29-26-122 requires a Certificate of Good Faith filed with the complaint stating that a qualified expert has reviewed the case and found a good-faith basis — missing this is also dismissal.
How does Tennessee's modified comparative negligence work?
Under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), Tennessee uses 49% modified comparative fault — plaintiffs are barred from any recovery if found 50% or more at fault. If less than 50% at fault, recovery is reduced by your fault percentage. Example: 30% at fault on a $500K verdict → recover $350K. At 50% fault → $0.
What are the largest Tennessee medical malpractice verdicts?
Boughton v. Saint Thomas Midtown Hospital (2024): $46,993,500 — current state record, hypoxic-ischemic brain injury at delivery. Bing v. Nagy (2023): $16.1M — bile leak leading to cardiac arrest. Yebuah v. Center for Urological Treatment (Tenn. 2021): $7.8M — the Tennessee Supreme Court case upholding the $750K/$1M cap. Note: jury verdicts are typically reduced post-trial by the §29-39-102 cap on the non-economic portion.
Pending TN Med-Mal Issues
Active legal developments (as of April 2026):
- The $750,000 non-economic damage cap under §29-39-102 faces a renewed constitutional challenge as of June 2025 (McClay v. Airport Management Services, LLC) — the Tennessee Supreme Court had not yet issued a final ruling; verify current cap status before advising clients.
- The $46,993,500 Boughton verdict (2024) was entered as a trial court judgment and may be subject to post-trial motions or appeal; confirm final judgment amount before citing.
- The 60-day pre-suit notice requirement under §29-26-121 tolls the statute of limitations by 120 days when properly served, but Tennessee courts have issued conflicting decisions on what constitutes 'substantial compliance' — verify current case law before filing.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- law.justia.com/codes/tennessee/title-29/chapter-26/part-1/section-29-26-115
- law.justia.com/codes/tennessee/title-29/chapter-26/part-1/section-29-26-116
- law.justia.com/codes/tennessee/title-29/chapter-26/part-1/section-29-26-121
- law.justia.com/codes/tennessee/title-29/chapter-26/part-1/section-29-26-122
- law.justia.com/codes/tennessee/title-29/chapter-39/section-29-39-102
- law.justia.com/cases/tennessee/supreme-court/1992/833-s-w-2d-52-2.html
- law.justia.com/cases/tennessee/supreme-court/2010/barkesdebra-opn.html
- www.wsmv.com/2024/05/22/nearly-47-million-verdict-won-after-tennessee-girl-injured-during-birth
- www.newschannel5.com/news/in-a-record-setting-verdict-16-1-million-was-awarded-to-a-man-who-suffered-brain-damage-after-surgery
- caselaw.findlaw.com/court/tn-supreme-court/2130714.html
- www.thompsonlawtn.com/blog/is-tennessees-750k-non-economic-damages-cap-unconstitutional
Other State Medical Malpractice Calculators
New York
NO caps, 2.5-yr SOL, Lavern's Law cancer exception, $595M 2024 (highest US)
California
MICRA 2026: $470K/$650K caps phasing to $750K/$1M by 2033
Florida
NO caps post-Estate of McCall 2014, §766.106 pre-suit + expert affidavit
Texas
$250K/$750K hard caps never inflation-adjusted, §74.351 expert report fatal
Illinois
NO caps post-Lebron 2010, §5/2-622 expert affidavit at filing, Cook County
Pennsylvania
NO caps (constitutional bar Art. III §18), MCARE Act, 2-yr SOL
Ohio
$250K/$500K caps (R.C. §2323.43), 1-yr SOL, affidavit of merit
New Jersey
NO general cap, $350K punitive cap, Affidavit of Merit Statute
Michigan
$521K/$929K caps (MCL §600.1483), 6-mo notice + 182-day pre-suit
Washington
NO caps (Sofie 1989), 3-yr SOL, certificate of merit RCW §7.70.150
Georgia
NO non-economic cap (Nestlehutt 2010), $250K punitive cap, 2-yr SOL + 5-yr repose, OCGA §9-11-9.1 affidavit required
North Carolina
$712,847 cap (CPI-indexed), PURE CONTRIBUTORY (any fault = $0), 3-yr SOL + 4-yr repose, Rule 9(j) certification
Arizona
NO cap (Constitution Art. 2 §31), 2-yr SOL no repose, pure comparative negligence, Banner $31.5M 2024
Massachusetts
$500K cap (NOT inflation-indexed, jury-lifted exceptions), Tribunal §60B, 3-yr SOL + 7-yr repose, modified comparative 51%
Virginia
$2.70M TOTAL cap (combined econ+non-econ), PURE CONTRIBUTORY (any fault = $0), 2-yr SOL + 10-yr repose, §8.01-20.1 certification
Colorado
$530K cap (2026, rising to $875K by 2029 under HB24-1472), Banner Health v. Gresser 2025 = $39.8M cap-exceedance, 2-yr SOL + 3-yr repose, modified comparative 50%
Maryland
$920K cap (2026, +$15K/yr fixed from 2009 $650K base), MANDATORY HCADRO pre-suit arbitration, 3-yr SOL or 5-yr repose (earlier of), Certificate of Qualified Expert §3-2A-04(b)
Missouri
Dual cap $481K non-cat / $842K cat (2026, +1.7%/yr). Original cap struck Watts 2012, reinstated 2015 as statutory cause. 2-yr STRICT occurrence (no discovery rule). Pure comparative fault.
Minnesota
NO cap. SOL just cut 4→2 years (Aug 2025, SF3489). Mandatory 2-affidavit expert system §145.682. Modified comparative 50%. Thapa $111M (2022) largest MN history, reduced to $11.25M.
Indiana
$1.8M TOTAL cap (provider $500K + PCF $1.3M). PURE CONTRIBUTORY for qualified providers (any fault = $0). Mandatory 3-doctor review panel pre-suit. 2-yr strict occurrence (no discovery rule).
Connecticut
NO statutory cap (judicial remittitur §52-228c only check at >$1M), 2-yr SOL + 3-yr repose §52-584 (among shortest in US), pre-suit good-faith certificate §52-190a, modified comparative 51% bar
South Carolina
$350K base CPI-indexed to ~$580K (2025) §15-32-220 per-defendant, 3-yr SOL + 6-yr repose §15-3-545, Notice of Intent + expert affidavit §15-79-125 + mandatory mediation, modified 51% bar (Nelson 1991)
Louisiana
$500K TOTAL MMA cap §40:1231.2 + uncapped future medical via PCF, MANDATORY Medical Review Panel §40:1231.8 before suit (unique to LA), 1-yr SOL + 3-yr repose §9:5628, cap unchanged since 1975
Nevada
$590K cap (2026, escalating $80K/yr to $750K by 2028 then 2.1% CPI) §41A.035 AB 404 2023, 2-yr discovery / 3-yr occurrence SOL §41A.097 (post-Oct 2023), expert affidavit at filing §41A.071, modified 51% bar §41.141
Main Medical Malpractice Calculator
Nationwide med-mal overview
Other Calculators for Tennessee
Each Tennessee calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Tennessee verdict data where available.