Tennessee Code Annotated
Tenn. Code Ann. § 29-26-115 (2026)
Claimant's burden in health care liability action - Expert testimony - Presumption of negligence - Jury instructions
✓ current as of May 2026
- (a) In a health care liability action, the claimant shall have the burden of proving by evidence as provided by subsection (b):
- (1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged injury or wrongful action occurred;
- (2) That the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with such standard; and
- (3) As a proximate result of the defendant's negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred.
- (b) No person in a health care profession requiring licensure under the laws of this state shall be competent to testify in any court of law to establish the facts required to be established by subsection (a), unless the person was licensed to practice in the state or a contiguous bordering state a profession or specialty which would make the person's expert testimony relevant to the issues in the case and had practiced this profession or specialty in one (1) of these states during the year preceding the date that the alleged injury or wrongful act occurred. This rule shall apply to expert witnesses testifying for the defendant as rebuttal witnesses. The court may waive this subsection (b) when it determines that the appropriate witnesses otherwise would not be available.
- (c) In a health care liability action as described in subsection (a), there shall be no presumption of negligence on the part of the defendant; provided, that there shall be a rebuttable presumption that the defendant was negligent where it is shown by the proof that the instrumentality causing injury was in the defendant's (or defendants') exclusive control and that the accident or injury was one which ordinarily doesn't occur in the absence of negligence.
- (d) In a health care liability action as described in subsection (a), the jury shall be instructed that the claimant has the burden of proving, by a preponderance of the evidence, the negligence of the defendant. The jury shall be further instructed that injury alone does not raise a presumption of the defendant's negligence.
Acts 1975, ch. 299, § 14; 1976, ch. 759, § 15; 1980, ch. 852, § 9; T.C.A., § 23-3414; Acts 2012 , ch. 798, § 7.
Notes of Decisions
Cited in 499
cases (49 in the last 5 years), 1982–2026 · leading case: Donna Faye Shipley v. Robin Williams, 350 S.W.3d 527 (Tenn. 2011).
Donna Faye Shipley v. Robin Williams, 350 S.W.3d 527 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (2000 & Supp.”
Est. of Martha S. French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (a).7 Whether claims are characterized as ordinary negligence or medical malpractice affects the nature of the litigation.”
Cardwell v. Bechtol, 724 S.W.2d 739 (Tenn. 1987). “At the close of the Plaintiffs’ evidence, Defendant’s Motion for a Directed Verdict on the medical malpractice issue was granted by the trial court because Plaintiffs had failed to carry their burden of proof under T.C.A. § 29-26-115, which requires that a plaintiff in a medical…”
Kenyon v. Handal, 122 S.W.3d 743 (Tenn. Ct. App. 2003). “06 and Tenn.Code Ann. § 29-26-115. Church v. Perales, 39 S.”
Hunter v. Ura, 163 S.W.3d 686 (Tenn. 2005). “Tenn.Code Ann. § 29-26-115(a); see also Cardwell v.”
Michelle Rye Et Al. v. Women’s Care Ctr. of Memphis, Mpllc Et Al., 477 S.W.3d 235 (Tenn. 2015). “Tenn. Code Ann. § 29-26-115 (a) (2012).11 In this instance, the first two elements are present.”
Seavers v. Methodist Med. Ctr. of Oak Ridge, 9 S.W.3d 86 (Tenn. 1999). “§ 29-26-115(a). If expert testimony is needed to prove or rebut the above elements, the parties must follow subsection -115(b) which states in pertinent part: No person in a health care profession requiring licensure under the laws of this State shall be competent to testify *93…”
Stovall v. Clarke, 113 S.W.3d 715 (Tenn. 2003). “See Tenn. Code Ann. § 29-26-115 (a) (Supp.2002).”
Kilpatrick v. Bryant, 868 S.W.2d 594 (Tenn. 1993). “Bryant filed a motion for summary judgment on the basis that the Plaintiffs failed to present evidence establishing the elements of a medical malpractice action as set forth in T.C.A. § 29-26-115. In opposition to Dr. Bryant's motion for summary judgment, the Plaintiffs filed…”
Robinson v. LeCorps, 83 S.W.3d 718 (Tenn. 2002). “, Nashville, or a similar community as required in a malpractice action under Tenn. Code Ann. § 29-26-115 (a)(l) (2000 & Supp.”
Conley v. Life Care Centers of Am., Inc., 236 S.W.3d 713 (Tenn. Ct. App. 2007). “[10] As a consequence, for medical malpractice purposes the Administrator's licensure places her in the same status for the purpose of Tenn.Code Ann. § 29-26-115 (Supp.2006), that of "a person in the healthcare profession requiring licensure.”
Church v. Perales, 39 S.W.3d 149 (Tenn. Ct. App. 2000). “In medical malpractice cases, Tenn.Code Ann. § 29-26-115 imposes five other substantive requirements on expert affidavits.”
— Tenn. Code Ann. § 29-26-115(1) — 1 case
Conley v. Life Care Centers of Am., Inc., 236 S.W.3d 713 (Tenn. Ct. App. 2007). “[10] As a consequence, for medical malpractice purposes the Administrator's licensure places her in the same status for the purpose of Tenn.Code Ann. § 29-26-115 (Supp.2006), that of "a person in the healthcare profession requiring licensure.”
— Tenn. Code Ann. § 29-26-115(3) — 1 case
Kilpatrick v. Bryant, 868 S.W.2d 594 (Tenn. 1993). “Bryant filed a motion for summary judgment on the basis that the Plaintiffs failed to present evidence establishing the elements of a medical malpractice action as set forth in T.C.A. § 29-26-115. In opposition to Dr. Bryant's motion for summary judgment, the Plaintiffs filed…”
— Tenn. Code Ann. § 29-26-115(a) — 114 cases
Est. of Martha S. French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (a).7 Whether claims are characterized as ordinary negligence or medical malpractice affects the nature of the litigation.”
Michelle Rye Et Al. v. Women’s Care Ctr. of Memphis, Mpllc Et Al., 477 S.W.3d 235 (Tenn. 2015). “Tenn. Code Ann. § 29-26-115 (a) (2012).11 In this instance, the first two elements are present.”
Hunter v. Ura, 163 S.W.3d 686 (Tenn. 2005). “Tenn.Code Ann. § 29-26-115(a); see also Cardwell v.”
Donna Faye Shipley v. Robin Williams, 350 S.W.3d 527 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (2000 & Supp.”
Stovall v. Clarke, 113 S.W.3d 715 (Tenn. 2003). “See Tenn. Code Ann. § 29-26-115 (a) (Supp.2002).”
— Tenn. Code Ann. § 29-26-115(a)(1) — 60 cases
Hunter v. Ura, 163 S.W.3d 686 (Tenn. 2005). “Tenn.Code Ann. § 29-26-115(a); see also Cardwell v.”
Donna Faye Shipley v. Robin Williams, 350 S.W.3d 527 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (2000 & Supp.”
Kenyon v. Handal, 122 S.W.3d 743 (Tenn. Ct. App. 2003). “06 and Tenn.Code Ann. § 29-26-115. Church v. Perales, 39 S.”
Richardson v. Miller, 44 S.W.3d 1 (Tenn. Ct. App. 2000).
Conley v. Life Care Centers of Am., Inc., 236 S.W.3d 713 (Tenn. Ct. App. 2007). “[10] As a consequence, for medical malpractice purposes the Administrator's licensure places her in the same status for the purpose of Tenn.Code Ann. § 29-26-115 (Supp.2006), that of "a person in the healthcare profession requiring licensure.”
— Tenn. Code Ann. § 29-26-115(a)(1980) — 2 cases
Harris v. Buckspan, 984 S.W.2d 944 (Tenn. Ct. App. 1998).
Terri Demilt v. Methodist Hosp. (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 29-26-115(a)(2) — 4 cases
Church v. Perales, 39 S.W.3d 149 (Tenn. Ct. App. 2000). “In medical malpractice cases, Tenn.Code Ann. § 29-26-115 imposes five other substantive requirements on expert affidavits.”
Melinda Duncan v. Cheryl L. Ledford MD (Tenn. Ct. App. 2016).
Lenoir v. Shelby Cnty. Health Care Corp. (W.D. Tenn. 2024).
Mae Ellen Williams v. Baptist Mem'l Hosp. (Tenn. Ct. App. 2004).
— Tenn. Code Ann. § 29-26-115(a)(2000) — 1 case
Allen v. Methodist Healthcare Memphis Hospitals, 237 S.W.3d 293 (Tenn. Ct. App. 2007).
— Tenn. Code Ann. § 29-26-115(a)(3) — 29 cases
Kilpatrick v. Bryant, 868 S.W.2d 594 (Tenn. 1993). “Bryant filed a motion for summary judgment on the basis that the Plaintiffs failed to present evidence establishing the elements of a medical malpractice action as set forth in T.C.A. § 29-26-115. In opposition to Dr. Bryant's motion for summary judgment, the Plaintiffs filed…”
Church v. Perales, 39 S.W.3d 149 (Tenn. Ct. App. 2000). “In medical malpractice cases, Tenn.Code Ann. § 29-26-115 imposes five other substantive requirements on expert affidavits.”
Richberger v. West Clinic, P.C., 152 S.W.3d 505 (Tenn. Ct. App. 2004).
White v. Vanderbilt Univ., 21 S.W.3d 215 (Tenn. Ct. App. 1999).
Richardson v. Miller, 44 S.W.3d 1 (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 29-26-115(a)(l) — 21 cases
Stovall v. Clarke, 113 S.W.3d 715 (Tenn. 2003). “See Tenn. Code Ann. § 29-26-115 (a) (Supp.2002).”
Donna Faye Shipley v. Robin Williams, 350 S.W.3d 527 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (2000 & Supp.”
Kenyon v. Handal, 122 S.W.3d 743 (Tenn. Ct. App. 2003). “06 and Tenn.Code Ann. § 29-26-115. Church v. Perales, 39 S.”
Hunter v. Ura, 163 S.W.3d 686 (Tenn. 2005). “Tenn.Code Ann. § 29-26-115(a); see also Cardwell v.”
Robinson v. LeCorps, 83 S.W.3d 718 (Tenn. 2002). “, Nashville, or a similar community as required in a malpractice action under Tenn. Code Ann. § 29-26-115 (a)(l) (2000 & Supp.”
— Tenn. Code Ann. § 29-26-115(b) — 116 cases
Donna Faye Shipley v. Robin Williams, 350 S.W.3d 527 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (2000 & Supp.”
Cardwell v. Bechtol, 724 S.W.2d 739 (Tenn. 1987). “At the close of the Plaintiffs’ evidence, Defendant’s Motion for a Directed Verdict on the medical malpractice issue was granted by the trial court because Plaintiffs had failed to carry their burden of proof under T.C.A. § 29-26-115, which requires that a plaintiff in a medical…”
Kenyon v. Handal, 122 S.W.3d 743 (Tenn. Ct. App. 2003). “06 and Tenn.Code Ann. § 29-26-115. Church v. Perales, 39 S.”
Est. of Martha S. French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (a).7 Whether claims are characterized as ordinary negligence or medical malpractice affects the nature of the litigation.”
Ralph Ex Rel. Ralph v. Nagy, 749 F. Supp. 169 (M.D. Tenn. 1990).
— Tenn. Code Ann. § 29-26-115(c) — 21 cases
Seavers v. Methodist Med. Ctr. of Oak Ridge, 9 S.W.3d 86 (Tenn. 1999). “§ 29-26-115(a). If expert testimony is needed to prove or rebut the above elements, the parties must follow subsection -115(b) which states in pertinent part: No person in a health care profession requiring licensure under the laws of this State shall be competent to testify *93…”
Est. of Martha S. French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (a).7 Whether claims are characterized as ordinary negligence or medical malpractice affects the nature of the litigation.”
Richardson v. Miller, 44 S.W.3d 1 (Tenn. Ct. App. 2000).
Cardwell v. Bechtol, 724 S.W.2d 739 (Tenn. 1987). “At the close of the Plaintiffs’ evidence, Defendant’s Motion for a Directed Verdict on the medical malpractice issue was granted by the trial court because Plaintiffs had failed to carry their burden of proof under T.C.A. § 29-26-115, which requires that a plaintiff in a medical…”
Wilson v. Patterson, 73 S.W.3d 95 (Tenn. Ct. App. 2001).
— Tenn. Code Ann. § 29-26-115(c)(1980) — 1 case
Harris v. Buckspan, 984 S.W.2d 944 (Tenn. Ct. App. 1998).
— Tenn. Code Ann. § 29-26-115(d) — 9 cases
Seavers v. Methodist Med. Ctr. of Oak Ridge, 9 S.W.3d 86 (Tenn. 1999). “§ 29-26-115(a). If expert testimony is needed to prove or rebut the above elements, the parties must follow subsection -115(b) which states in pertinent part: No person in a health care profession requiring licensure under the laws of this State shall be competent to testify *93…”
Donna Faye Shipley v. Robin Williams, 350 S.W.3d 527 (Tenn. 2011). “Tenn. Code Ann. § 29-26-115 (2000 & Supp.”
Pullum v. Robinette, 174 S.W.3d 124 (Tenn. Ct. App. 2004).
McClain v. United States, 996 F. Supp. 2d 683 (M.D. Tenn. 2014).
Seats v. Lowry, 930 S.W.2d 558 (Tenn. Ct. App. 1996).
— Tenn. Code Ann. § 29-26-115(e) — 3 cases
Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016).
Seavers v. Methodist Med. Ctr. of Oak Ridge, 9 S.W.3d 86 (Tenn. 1999). “§ 29-26-115(a). If expert testimony is needed to prove or rebut the above elements, the parties must follow subsection -115(b) which states in pertinent part: No person in a health care profession requiring licensure under the laws of this State shall be competent to testify *93…”
Bailey v. Tasker, 146 S.W.3d 580 (Tenn. Ct. App. 2004).
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.