Tennessee Code Annotated
Tenn. Code Ann. § 24-5-113 (2024)
Medical, hospital or doctor bills - Prima facie evidence of necessity and reasonableness
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a)
- (1) Proof in any civil action that medical, hospital or doctor bills were paid or incurred because of any illness, disease, or injury may be itemized in the complaint or civil warrant with a copy of bills paid or incurred attached as an exhibit to the complaint or civil warrant. The bills itemized and attached as an exhibit shall be prima facie evidence that the bills so paid or incurred were necessary and reasonable.
- (2) This section shall apply only in personal injury actions brought in any court by injured parties against the persons responsible for causing such injuries.
- (3) This prima facie presumption shall apply to the medical, hospital and doctor bills itemized with copies of bills attached to the complaint or civil warrant; provided, that the total amount of such bills does not exceed the sum of four thousand dollars ($4,000).
- (b)
- (1) In addition to the procedure described in subsection (a), in any civil action for personal injury brought by an injured party against the person or persons alleged to be responsible for causing the injury, if an itemization of or copies of the medical, hospital or doctor bills which were paid or incurred because of such personal injury are served upon the other parties at least ninety (90) days prior to the date set for trial, there shall be a rebuttable presumption that such medical, hospital or doctor bills are reasonable.
- (2) Any party desiring to offer evidence at trial to rebut the presumption shall serve upon the other parties, at least forty-five (45) days prior to the date set for trial, a statement of that party's intention to rebut the presumption. Such statement shall specify which bill or bills the party believes to be unreasonable.
Acts 1978, ch. 734, § 1; T.C.A., § 24-517; Acts 1981, ch. 481, § 1; 1989, ch. 235, § 1; 2000, ch. 780, § 1.
Notes of Decisions
Cited in 32
cases (8 in the last 5 years), 1994–2026 · leading case: Borner v. Autry, 284 S.W.3d 216 (Tenn. 2009).
Borner v. Autry, 284 S.W.3d 216 (Tenn. 2009). “When adopted in 1978, section 24-5-113 stated, in pertinent part, “Proof .”
Danny E. Iloube, Sr. v. Don M. Cain, 397 S.W.3d 597 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 24-5-113 (2000). Compliance with this statute constitutes prima facie evidence that the medical charges were reasonable and necessary, and additional specific proof regarding the reasonableness or necessity of those expenses is not needed.”
Diane West v. Shelby Cnty. Healthcare Corp., 459 S.W.3d 33 (Tenn. 2014). “Tenn.Code Ann. § 24-5-113(a)(2). In addition, the presumption does not apply when the total cost of the medical bills exceeds $4,000.”
Varner v. Perryman, 969 S.W.2d 410 (Tenn. Ct. App. 1997). “These bills were admitted pursuant to T.C.A. § 24-5-113. The appellant argues that plaintiff did not offer sufficient evidence of causation on this issue.”
Aundrey Meals ex rel. William Meals v. Ford Motor Co., 417 S.W.3d 414 (Tenn. 2013). “Plaintiff filed an amended complaint asserting claims against the City of Memphis and Ford.”
Gregory D. Allen v. Debbie D. Albea, 476 S.W.3d 366 (Tenn. Ct. App. 2015). “Pursuant to Tennessee Code Annotated § 24-5-113, Mr. Allen itemized his partial medical expenses and attached receipts to his complaint.”
Cortazzo v. Blackburn, 912 S.W.2d 735 (Tenn. Ct. App. 1995). “Section 24-5-113 reads as follows: Medical, hospital or doctor bills — Pri-ma facie evidence of necessity and reasonableness.”
Hall v. USF Holland, Inc., 152 F. Supp. 3d 1037 (W.D. Tenn. 2016). “The Court's holding does nothing to disturb the presumption that medical bills under $4,000.00 are reasonable. Instead, the Court is subjecting medical bills beyond $4,000.”
Lewis, No. 3:24-cv-00501 (M.D. Tenn. Jan. 2, 2026). “Tenn. Code Ann. § 24-5-113 (b)(1). To rebut this presumption, the defendant must serve on the plaintiff, “at least forty-five (45) days prior to the date set for trial, a statement of that party’s intention to rebut the presumption.”
Jean Dedmon v. Debbie Steelman, 535 S.W.3d 431 (Tenn. 2017). “” See Tenn. Code Ann. § 24-5-113 (b)(2). The notice, like the motion in limine, was based solely on the Defendants’ interpretation of West.”
Helen M. Borner v. Danny R. Autry, No. W2007-00731-COA-R9-CV (Tenn. Ct. App. Dec. 13, 2007). “The trial court specifically held that, “if a plaintiff in a civil action pays or incurs medical, hospital, or doctor bills in excess of $4,000, then the plaintiff must present expert medical testimony regarding the reasonableness and necessity of those charges and cannot use…”
Jean Dedmon v. Debbie Steelman, No. W2015-01462-COA-R9-CV (Tenn. Ct. App. June 2, 2016). “The presumption in Tenn. Code Ann. § 24-5-113 (a)(1) (2000) that itemized medical bills are necessary and reasonable does not apply to this case.”
Tenn. Code Ann. § 24-5-113(a): 8 cases
Borner v. Autry, 284 S.W.3d 216 (Tenn. 2009). “When adopted in 1978, section 24-5-113 stated, in pertinent part, “Proof .”
Danny E. Iloube, Sr. v. Don M. Cain, 397 S.W.3d 597 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 24-5-113 (2000). Compliance with this statute constitutes prima facie evidence that the medical charges were reasonable and necessary, and additional specific proof regarding the reasonableness or necessity of those expenses is not needed.”
Silvino Gonzales, Invidually & v. Judith Long, No. W2008-02605-COA-R3-CV (Tenn. Ct. App. July 23, 2009).
Helen M. Borner v. Danny R. Autry, No. W2007-00731-COA-R9-CV (Tenn. Ct. App. Dec. 13, 2007). “The trial court specifically held that, “if a plaintiff in a civil action pays or incurs medical, hospital, or doctor bills in excess of $4,000, then the plaintiff must present expert medical testimony regarding the reasonableness and necessity of those charges and cannot use…”
Jean Dedmon v. Debbie Steelman, No. W2015-01462-COA-R9-CV (Tenn. Ct. App. June 2, 2016). “The presumption in Tenn. Code Ann. § 24-5-113 (a)(1) (2000) that itemized medical bills are necessary and reasonable does not apply to this case.”
Tenn. Code Ann. § 24-5-113(a)(1): 3 cases
Danny E. Iloube, Sr. v. Don M. Cain, 397 S.W.3d 597 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 24-5-113 (2000). Compliance with this statute constitutes prima facie evidence that the medical charges were reasonable and necessary, and additional specific proof regarding the reasonableness or necessity of those expenses is not needed.”
Gregory D. Allen v. Debbie D. Albea, 476 S.W.3d 366 (Tenn. Ct. App. 2015). “Pursuant to Tennessee Code Annotated § 24-5-113, Mr. Allen itemized his partial medical expenses and attached receipts to his complaint.”
Adkins v. Keck, No. 03A01-9804-CV-00141 (Tenn. Ct. App. Mar. 17, 1994).
Tenn. Code Ann. § 24-5-113(a)(1)(2): 1 case
Angela Hogan v. Rex Reese, No. 01A01-9801-CV-00023, 1998 WL 430627 (Tenn. Ct. App. July 31, 1998).
Tenn. Code Ann. § 24-5-113(a)(2): 1 case
Diane West v. Shelby Cnty. Healthcare Corp., 459 S.W.3d 33 (Tenn. 2014). “Tenn.Code Ann. § 24-5-113(a)(2). In addition, the presumption does not apply when the total cost of the medical bills exceeds $4,000.”
Tenn. Code Ann. § 24-5-113(a)(3): 7 cases
Diane West v. Shelby Cnty. Healthcare Corp., 459 S.W.3d 33 (Tenn. 2014). “Tenn.Code Ann. § 24-5-113(a)(2). In addition, the presumption does not apply when the total cost of the medical bills exceeds $4,000.”
Danny E. Iloube, Sr. v. Don M. Cain, 397 S.W.3d 597 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 24-5-113 (2000). Compliance with this statute constitutes prima facie evidence that the medical charges were reasonable and necessary, and additional specific proof regarding the reasonableness or necessity of those expenses is not needed.”
Hall v. USF Holland, Inc., 152 F. Supp. 3d 1037 (W.D. Tenn. 2016). “The Court's holding does nothing to disturb the presumption that medical bills under $4,000.00 are reasonable. Instead, the Court is subjecting medical bills beyond $4,000.”
Cortazzo v. Blackburn, 912 S.W.2d 735 (Tenn. Ct. App. 1995). “Section 24-5-113 reads as follows: Medical, hospital or doctor bills — Pri-ma facie evidence of necessity and reasonableness.”
Angela Hogan v. Rex Reese, No. 01A01-9801-CV-00023, 1998 WL 430627 (Tenn. Ct. App. July 31, 1998).
Tenn. Code Ann. § 24-5-113(a)(l): 1 case
Diane West v. Shelby Cnty. Healthcare Corp., 459 S.W.3d 33 (Tenn. 2014). “Tenn.Code Ann. § 24-5-113(a)(2). In addition, the presumption does not apply when the total cost of the medical bills exceeds $4,000.”
Tenn. Code Ann. § 24-5-113(b): 6 cases
Danny E. Iloube, Sr. v. Don M. Cain, 397 S.W.3d 597 (Tenn. Ct. App. 2012). “Tenn.Code Ann. § 24-5-113 (2000). Compliance with this statute constitutes prima facie evidence that the medical charges were reasonable and necessary, and additional specific proof regarding the reasonableness or necessity of those expenses is not needed.”
Crystal Spearman v. Shelby Cnty. Bd. of Educ., 637 S.W.3d 719 (Tenn. Ct. App. 2021).
Lewis, No. 3:24-cv-00501 (M.D. Tenn. Jan. 2, 2026). “Tenn. Code Ann. § 24-5-113 (b)(1). To rebut this presumption, the defendant must serve on the plaintiff, “at least forty-five (45) days prior to the date set for trial, a statement of that party’s intention to rebut the presumption.”
Theresa Doty v. City of Johnson City, No. E2021-00054-COA-R3-CV (Tenn. Ct. App. July 7, 2021).
Christopher McCoy v. Katelyn Conway, No. M2021-00921-COA-R3-CV (Tenn. Ct. App. Aug. 5, 2022).
Tenn. Code Ann. § 24-5-113(b)(1): 3 cases
Lewis, No. 3:24-cv-00501 (M.D. Tenn. Jan. 2, 2026). “Tenn. Code Ann. § 24-5-113 (b)(1). To rebut this presumption, the defendant must serve on the plaintiff, “at least forty-five (45) days prior to the date set for trial, a statement of that party’s intention to rebut the presumption.”
Crystal Spearman v. Shelby Cnty. Bd. of Educ., 637 S.W.3d 719 (Tenn. Ct. App. 2021).
Angela Hogan v. Rex Reese, No. 01A01-9801-CV-00023, 1998 WL 430627 (Tenn. Ct. App. July 31, 1998).
Tenn. Code Ann. § 24-5-113(b)(2): 1 case
Lewis, No. 3:24-cv-00501 (M.D. Tenn. Jan. 2, 2026). “Tenn. Code Ann. § 24-5-113 (b)(1). To rebut this presumption, the defendant must serve on the plaintiff, “at least forty-five (45) days prior to the date set for trial, a statement of that party’s intention to rebut the presumption.”
Tenn. Code Ann. § 24-5-113(b)(l): 1 case
Cortazzo v. Blackburn, 912 S.W.2d 735 (Tenn. Ct. App. 1995). “Section 24-5-113 reads as follows: Medical, hospital or doctor bills — Pri-ma facie evidence of necessity and reasonableness.”
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