Tennessee Code Annotated
Tenn. Code Ann. § 29-26-101 (2026)
Part definitions
✓ current as of May 2026
- (a) As used in this part, unless the context otherwise requires:
- (1) "Health care liability action" means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based;
- (2) "Health care provider" means:
- (A) A health care practitioner licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee;
- (B) A nongovernmental health care facility licensed under title 68, chapter 11;
- (C) A nongovernmental health facility licensed under the Mental Health, Developmental Disability, and Personal Support Services Licensure Law, compiled in title 33, chapter 2, part 4;
- (D) The employee of a health care provider involved in the provision of health care services, including, but not limited to, physicians, nurses, licensed practical nurses, advance practice nurses, physician assistants, nursing technicians, pharmacy technicians, orderlies, certified nursing assistants, technicians and those physicians and nurses employed by a governmental health facility; or
- (E) A professional corporation or professional limited liability company established pursuant to title 48, a registered limited liability partnership rendering professional services under title 61 and which consists of one (1) or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, or any legal entity that is not itself required to be licensed but which employs one or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68;
- (3) "Licensee" means a health care provider licensed, authorized, certified, registered, or regulated under title 33, 63, or 68 that is legally responsible for all health care services provided;
- (4) "Management company" means an individual or entity that contracts with, or receives a fee from, a licensee to provide any of the following services to or for a licensee:
- (A) Directly hiring or firing the administrator or other managing employees of the licensee;
- (B) Directly controlling or having control over the staffing levels at the licensee;
- (C) Directly controlling the budget and expenditures of the licensee; or
- (D) Directly implementing and enforcing the policies and procedures of the licensee; and
- (5) "Passive investor" means an individual or entity that has an ownership interest in a licensee but does not directly participate in the day-to-day decision making or operations of the licensee.
- (b) Health care services to persons includes care by health care providers, which includes care by physicians, nurses, licensed practical nurses, pharmacists, pharmacy interns or pharmacy technicians under the supervision of a pharmacist, orderlies, certified nursing assistants, advance practice nurses, physician assistants, nursing technicians and other agents, employees and representatives of the provider, and also includes staffing, custodial or basic care, positioning, hydration and similar patient services.
- (c) Any such civil action or claim is subject to this part regardless of any other claims, causes of action, or theories of liability alleged in the complaint; provided, that no provision of this part shall apply to claims against the state to the extent that such provision is inconsistent with or conflicts with the Tennessee Claims Commission Act, compiled in title 9, chapter 8, part 3.
Amended by 2015 Tenn. Acts, ch. 254,s 1, eff. 4/24/2015.
Acts 2011, ch. 510, § 8.
Notes of Decisions
Cited in 152
cases (36 in the last 5 years), 1984–2026 · leading case: Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016).
Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016). “ted for our review: Whether the trial court erred in denying Defendant’s motion for summary judgment regarding Plaintiffs’ ordinary negligence claim due to an incorrect application of the clear and unambiguous definition of a “health care liability action” and how such actions…”
Erica Wade v. Jackson-Madison Cnty. Gen. Hosp. Dist., 469 S.W.3d 54 (Tenn. Ct. App. 2015). “510, 1506 (codified as amended at Tenn. Code Ann. § 29-26-101 (a) (2012)). The 2011 amendment became effective on October 1, 2011, after Mr.”
Adam Ellithorpe v. Janet Weismark, 479 S.W.3d 818 (Tenn. 2015). “certificate of good faith under the Tennessee, Health Care Liability Act (“THCLA”), Tenn. Code Ann. § 29-26-101 et seq. We hold that the, Tennessee Civil Justice Act of 2011, which amended the THCLA,, statutorily abrogated pur decision in Estate of French by providing that…”
Lacy v. Mitchell, 541 S.W.3d 55 (Tenn. Ct. App. 2016). “" Tenn. Code Ann. § 29-26-101 (a)(1). It further states that "[h]ealth care services to persons includes care by health care providers .”
Stacey J. Cordell v. Cleveland Tennessee Hosp., LLC, 544 S.W.3d 331 (Tenn. Ct. App. 2017). “] Tenn. Code Ann. § 29-26-101 (a)(1). This statutory definition is conclusive, and it casts a wide net over civil claims that arise within a medical setting.”
Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “” Tenn. Code Ann. § 29-26-101 (a). Maybe providing the stool for the patient counted as “positioning” for the x-ray.”
Seavers v. Methodist Med. Ctr. of Oak Ridge, 9 S.W.3d 86 (Tenn. 1999). “Tenn.Code Ann. §§ 29-26-101 to -121 (1980 & Supp.”
Tiffany Shockley, Individually & as Pers. Rep. of the Est. of Terry Street v. Mental Health Coop., Inc., 429 S.W.3d 582 (Tenn. Ct. App. 2013). “Because the complaint alleged that Decedent died as a result of medical malpractice, the claim is governed by the Tennessee Medical Malpractice Act, Tennessee Code Annotated Section 29-26-101, et. seq. Tennessee Code Annotated Section 29-26-121(a) requires: (a)(1) Any person, or…”
Richard Moreno v. City of Clarksville, 479 S.W.3d 795 (Tenn. 2015). “Tenn. Code Ann. §§ 29-26-101 (a), -121(c) (2014 Supp.”
Sandra Kay Clary v. Deidra A. Miller, 546 S.W.3d 101 (Tenn. Ct. App. 2017). “See Tenn. Code Ann. §§ 29-26-101 to -122 (2012 & Supp.”
J.A.C., by & through her next friend & mother, Lesha Carter v. Methodist Healthcare Memphis Hospitals, 542 S.W.3d 502 (Tenn. Ct. App. 2016). “2 Tenn. Code Ann. § 29-26-101 , et seq. 3 Attorney Kevin Hudson was one of the Plaintiffs‘ attorneys of record in the trial court.”
Vicki J. Redick v. Saint Thomas Midtown Hosp., 515 S.W.3d 853 (Tenn. Ct. App. 2016). “” It is undisputed that this is a healthcare liability action and compliance with Tenn. Code Ann. §§ 29-26-101 , et seq is required.”
— Tenn. Code Ann. § 29-26-101(a) — 5 cases
Walton Cunningham v. Williamson Cnty. Hosp. Dist. d/b/a Williamson Med. Ctr., 405 S.W.3d 41 (Tenn. 2013).
Richard Moreno v. City of Clarksville, 479 S.W.3d 795 (Tenn. 2015). “Tenn. Code Ann. §§ 29-26-101 (a), -121(c) (2014 Supp.”
Sherry Harper v. Bradley Cnty., Tennessee, 464 S.W.3d 615 (Tenn. Ct. App. 2014).
Malott v. Marriott Hotel Servs., Inc., 200 F. Supp. 3d 713 (M.D. Tenn. 2016).
Bashar F. Kaddoura v. Chattanooga-Hamilton Hosp. Auth. d/b/a Erlanger Med. Ctr. (Tenn. Ct. App. 2015).
— Tenn. Code Ann. § 29-26-101(a)(1) — 17 cases
Erica Wade v. Jackson-Madison Cnty. Gen. Hosp. Dist., 469 S.W.3d 54 (Tenn. Ct. App. 2015). “510, 1506 (codified as amended at Tenn. Code Ann. § 29-26-101 (a) (2012)). The 2011 amendment became effective on October 1, 2011, after Mr.”
Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016). “ted for our review: Whether the trial court erred in denying Defendant’s motion for summary judgment regarding Plaintiffs’ ordinary negligence claim due to an incorrect application of the clear and unambiguous definition of a “health care liability action” and how such actions…”
Stacey J. Cordell v. Cleveland Tennessee Hosp., LLC, 544 S.W.3d 331 (Tenn. Ct. App. 2017). “] Tenn. Code Ann. § 29-26-101 (a)(1). This statutory definition is conclusive, and it casts a wide net over civil claims that arise within a medical setting.”
Adam Ellithorpe v. Janet Weismark, 479 S.W.3d 818 (Tenn. 2015). “certificate of good faith under the Tennessee, Health Care Liability Act (“THCLA”), Tenn. Code Ann. § 29-26-101 et seq. We hold that the, Tennessee Civil Justice Act of 2011, which amended the THCLA,, statutorily abrogated pur decision in Estate of French by providing that…”
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015).
— Tenn. Code Ann. § 29-26-101(a)(2) — 6 cases
Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016). “ted for our review: Whether the trial court erred in denying Defendant’s motion for summary judgment regarding Plaintiffs’ ordinary negligence claim due to an incorrect application of the clear and unambiguous definition of a “health care liability action” and how such actions…”
Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “” Tenn. Code Ann. § 29-26-101 (a). Maybe providing the stool for the patient counted as “positioning” for the x-ray.”
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015).
Mary Wenzler v. Dr. Xiao Yu (Tenn. Ct. App. 2018).
Rhonda Willeford v. Timothy P. Klepper, M. D. (Tenn. 2020).
— Tenn. Code Ann. § 29-26-101(a)(2)(A) — 2 cases
Lataisha M. Jackson v. Charles Anthony Burrell (Tenn. Ct. App. 2019).
McKayla Taylor v. Miriam's Promise (Tenn. Ct. App. 2019).
— Tenn. Code Ann. § 29-26-101(a)(2)(B) — 1 case
Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “” Tenn. Code Ann. § 29-26-101 (a). Maybe providing the stool for the patient counted as “positioning” for the x-ray.”
— Tenn. Code Ann. § 29-26-101(a)(2)(D) — 3 cases
Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016). “ted for our review: Whether the trial court erred in denying Defendant’s motion for summary judgment regarding Plaintiffs’ ordinary negligence claim due to an incorrect application of the clear and unambiguous definition of a “health care liability action” and how such actions…”
Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “” Tenn. Code Ann. § 29-26-101 (a). Maybe providing the stool for the patient counted as “positioning” for the x-ray.”
Brenda Osunde v. Delta Med. Ctr. (Tenn. Ct. App. 2016).
— Tenn. Code Ann. § 29-26-101(a)(2)(E) — 2 cases
Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “” Tenn. Code Ann. § 29-26-101 (a). Maybe providing the stool for the patient counted as “positioning” for the x-ray.”
Hardaway v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020).
— Tenn. Code Ann. § 29-26-101(a)(3) — 6 cases
Hardaway v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020).
Sanders v. Allenbrooke Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020).
Brown v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020).
Denton v. Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2020).
Crawford v. Allenbrooke Nursing & Rehab. Ctr., LLC d/b/a Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2021).
— Tenn. Code Ann. § 29-26-101(a)(4) — 2 cases
Denton v. Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2020).
Crawford v. Allenbrooke Nursing & Rehab. Ctr., LLC d/b/a Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2021).
— Tenn. Code Ann. § 29-26-101(a)(4)(A) — 1 case
Sanders v. Allenbrooke Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020).
— Tenn. Code Ann. § 29-26-101(a)(5) — 4 cases
Sanders v. Allenbrooke Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020).
Denton v. Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2020).
Crawford v. Allenbrooke Nursing & Rehab. Ctr., LLC d/b/a Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2021).
Yarbrough v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2022).
— Tenn. Code Ann. § 29-26-101(a)(l) — 4 cases
Erica Wade v. Jackson-Madison Cnty. Gen. Hosp. Dist., 469 S.W.3d 54 (Tenn. Ct. App. 2015). “510, 1506 (codified as amended at Tenn. Code Ann. § 29-26-101 (a) (2012)). The 2011 amendment became effective on October 1, 2011, after Mr.”
Adam Ellithorpe v. Janet Weismark, 479 S.W.3d 818 (Tenn. 2015). “certificate of good faith under the Tennessee, Health Care Liability Act (“THCLA”), Tenn. Code Ann. § 29-26-101 et seq. We hold that the, Tennessee Civil Justice Act of 2011, which amended the THCLA,, statutorily abrogated pur decision in Estate of French by providing that…”
Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “” Tenn. Code Ann. § 29-26-101 (a). Maybe providing the stool for the patient counted as “positioning” for the x-ray.”
White v. Washington Cnty., 85 F. Supp. 3d 955 (E.D. Tenn. 2015).
— Tenn. Code Ann. § 29-26-101(b) — 6 cases
Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016). “ted for our review: Whether the trial court erred in denying Defendant’s motion for summary judgment regarding Plaintiffs’ ordinary negligence claim due to an incorrect application of the clear and unambiguous definition of a “health care liability action” and how such actions…”
White v. Washington Cnty., 85 F. Supp. 3d 955 (E.D. Tenn. 2015).
Josh Cathey v. William Beyer (Tenn. Ct. App. 2020).
Deborah Lacy v. MeHarry Gen. Hosp. (Tenn. Ct. App. 2017).
McKayla Taylor v. Miriam's Promise (Tenn. Ct. App. 2019).
— Tenn. Code Ann. § 29-26-101(c) — 6 cases
Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016). “ted for our review: Whether the trial court erred in denying Defendant’s motion for summary judgment regarding Plaintiffs’ ordinary negligence claim due to an incorrect application of the clear and unambiguous definition of a “health care liability action” and how such actions…”
Lacy v. Mitchell, 541 S.W.3d 55 (Tenn. Ct. App. 2016). “" Tenn. Code Ann. § 29-26-101 (a)(1). It further states that "[h]ealth care services to persons includes care by health care providers .”
Stacey J. Cordell v. Cleveland Tennessee Hosp., LLC, 544 S.W.3d 331 (Tenn. Ct. App. 2017). “] Tenn. Code Ann. § 29-26-101 (a)(1). This statutory definition is conclusive, and it casts a wide net over civil claims that arise within a medical setting.”
White v. Washington Cnty., 85 F. Supp. 3d 955 (E.D. Tenn. 2015).
Est. of Joyce Elaine Myers v. Michael Questell (Tenn. Ct. App. 2018).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.