Tennessee Code Annotated
Tenn. Code Ann. § 29-26-102 (2026)
Permissible defendants in health care liability action - Determining statute of limitations
✓ current as of May 2026
- (a) Except as provided in this section, a health care liability action against a licensee may be brought only against the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor. A passive investor shall not be liable under this part. A health care liability action against any other individual or entity may be brought only pursuant to subsection (b).
- (b) A cause of action may not be asserted against an individual or entity other than the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor, unless, after a hearing on a motion for leave to amend, the court or arbitrator determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that:
- (1) The individual or entity owed a duty of reasonable care to the claimant and that the individual or entity breached that duty; and
- (2) The breach of that duty is a legal cause of loss, injury, death, or damage to the claimant.
- (c) When determining the statute of limitations in a health care liability action, the date of the original pleading shall control regardless of whether there are amended pleadings or substituted or added parties.
Added by 2015 Tenn. Acts, ch. 254, s 2, eff. 4/24/2015.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1981–2022 · leading case: Bass v. Barksdale, 671 S.W.2d 476 (Tenn. Ct. App. 1984).
Bass v. Barksdale, 671 S.W.2d 476 (Tenn. Ct. App. 1984). “T.C.A. § 29-26-102(4). She therefore contends that she as a patient received medical services from Dr.”
Mooney v. Sneed, 30 S.W.3d 304 (Tenn. 2000). “§ 29-26-102(4) (1980) defined “health care provider” for purposes of the Medical Malpractice Review Board and Claims Act of 1975: " 'Health care provider' includes but is not limited to physicians (including osteopaths), dentists, clinical psychologists, pharmacists,…”
Est. of Doe v. Vanderbilt Univ., Inc., 958 S.W.2d 117 (Tenn. Ct. App. 1997). “” Tenn.Code Ann. § 29-26-102(6) (1980) (repealed 1985) (emphasis added).”
Burris v. Hosp. Corp. of Am., 773 S.W.2d 932 (Tenn. Ct. App. 1989). “Prior to its repeal in 1985, TCA § 29-26-102(4) & (6) provided as follows: (4) “Health care provider” includes but is not limited to physicians (including osteopaths), dentists, clinical psychologists, pharmacists, optometrists, podiatrists, registered nurses, physicians’…”
Dunbar v. Strimas, 632 S.W.2d 558 (Tenn. Ct. App. 1981). “, § 29-26-102(6), and the plaintiffs’ issue as to the trial court’s dismissing the slander allegations is meritless.”
Est. of Doe v. Vanderbilt Univ., Inc., 824 F. Supp. 746 (M.D. Tenn. 1993). “§ 29-26-102(4). Thus, resolution of these motions requires a determination of whether: (1) ARC is a “health care provider”; (2) if so, whether the provision of blood to Vanderbilt hospital non-specifically to any given patient is “medical care”; and (3) the decision of…”
Cindy Hatfield v. Allenbrooke Nursing & Rehab. Ctr., LLC (Tenn. Ct. App. 2018). “Because section 29-26-102 did not become effective until 2015, however, neither party alleges that it is applicable in this case.”
Hardaway v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020). “[7] Tenn. Code Ann. § 29-26-102 (a). A “licensee” is defined by the statute as “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.”
Sanders v. Allenbrooke Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020). “[3] Tenn. Code Ann. § 29-26-102 (a). A “licensee” is defined by the statute as “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.”
Brown v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020). “[5] Tenn. Code Ann. § 29-26-102 (a). A “licensee” is defined by the statute as “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.”
Hardaway v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020). “Non-facility Defendants did not raise their argument about § 29-26-102(b) in their motion to dismiss.”
Denton v. Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2020). “The Tennessee Health Care Liability Act Under Tennessee Code Annotated § 29-26-102, “a health care liability action against a licensee may be brought only against the licensee, the licensee’s management company, [or] the licensee’s managing employees .”
— Tenn. Code Ann. § 29-26-102(4) — 5 cases
Mooney v. Sneed, 30 S.W.3d 304 (Tenn. 2000). “§ 29-26-102(4) (1980) defined “health care provider” for purposes of the Medical Malpractice Review Board and Claims Act of 1975: " 'Health care provider' includes but is not limited to physicians (including osteopaths), dentists, clinical psychologists, pharmacists,…”
Bass v. Barksdale, 671 S.W.2d 476 (Tenn. Ct. App. 1984). “T.C.A. § 29-26-102(4). She therefore contends that she as a patient received medical services from Dr.”
Burris v. Hosp. Corp. of Am., 773 S.W.2d 932 (Tenn. Ct. App. 1989). “Prior to its repeal in 1985, TCA § 29-26-102(4) & (6) provided as follows: (4) “Health care provider” includes but is not limited to physicians (including osteopaths), dentists, clinical psychologists, pharmacists, optometrists, podiatrists, registered nurses, physicians’…”
Est. of Doe v. Vanderbilt Univ., Inc., 824 F. Supp. 746 (M.D. Tenn. 1993). “§ 29-26-102(4). Thus, resolution of these motions requires a determination of whether: (1) ARC is a “health care provider”; (2) if so, whether the provision of blood to Vanderbilt hospital non-specifically to any given patient is “medical care”; and (3) the decision of…”
Debakker v. Hanger Prosthetics & Orthotics East, Inc., 688 F. Supp. 2d 789 (E.D. Tenn. 2010).
— Tenn. Code Ann. § 29-26-102(6) — 3 cases
Est. of Doe v. Vanderbilt Univ., Inc., 958 S.W.2d 117 (Tenn. Ct. App. 1997). “” Tenn.Code Ann. § 29-26-102(6) (1980) (repealed 1985) (emphasis added).”
Dunbar v. Strimas, 632 S.W.2d 558 (Tenn. Ct. App. 1981). “, § 29-26-102(6), and the plaintiffs’ issue as to the trial court’s dismissing the slander allegations is meritless.”
Robert T. Irvin v. The Plasma Ctr. (Tenn. Ct. App. 2004).
— Tenn. Code Ann. § 29-26-102(8) — 1 case
Bass v. Barksdale, 671 S.W.2d 476 (Tenn. Ct. App. 1984). “T.C.A. § 29-26-102(4). She therefore contends that she as a patient received medical services from Dr.”
— Tenn. Code Ann. § 29-26-102(a) — 6 cases
Cindy Hatfield v. Allenbrooke Nursing & Rehab. Ctr., LLC (Tenn. Ct. App. 2018). “Because section 29-26-102 did not become effective until 2015, however, neither party alleges that it is applicable in this case.”
Hardaway v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020). “[7] Tenn. Code Ann. § 29-26-102 (a). A “licensee” is defined by the statute as “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.”
Brown v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020). “[5] Tenn. Code Ann. § 29-26-102 (a). A “licensee” is defined by the statute as “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.”
Denton v. Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2020). “The Tennessee Health Care Liability Act Under Tennessee Code Annotated § 29-26-102, “a health care liability action against a licensee may be brought only against the licensee, the licensee’s management company, [or] the licensee’s managing employees .”
Crawford v. Allenbrooke Nursing & Rehab. Ctr., LLC d/b/a Allenbrooke Nursing & Rehab. Ctr. (W.D. Tenn. 2021).
— Tenn. Code Ann. § 29-26-102(b) — 1 case
Hardaway v. Quince Nursing & Rehab. Ctr., LLC (W.D. Tenn. 2020). “Non-facility Defendants did not raise their argument about § 29-26-102(b) in their motion to dismiss.”
— Tenn. Code Ann. § 29-26-102(c) — 1 case
Walton Cunningham & Phyllis Cunningham ex rel. Phillip Walton Cunningham v. Williamson Cnty. Hosp. Dist. (Tenn. Ct. App. 2011).
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.