Tennessee Code Annotated
Tenn. Code Ann. § 29-26-116 (2026)
Statute of limitations - Counterclaim for damages
✓ current as of May 2026
- (a)
- (1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104.
- (2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery.
- (3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists.
- (4) The time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered.
- (b) In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, a counterclaim for damages for malicious prosecution (on the ground that the principal action was instituted with improper intent and without probable cause) or malicious abuse of process (on the ground that there was an improper use with improper intent of the process) in filing such action may be filed and litigated in the same action; provided, that the counterclaim shall be based upon substantial allegations.
Acts 1975, ch. 299, § 15; 1976, ch. 759, § 16; T.C.A., § 23-3415; Acts 2012 , ch. 798, § 8.
Notes of Decisions
Cited in 210
cases (31 in the last 5 years), 1981–2026 · leading case: Calaway Ex Rel. Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2006).
Calaway Ex Rel. Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2006). “The third certified question is the central question of the four and is dispositive of the others: Is the three-year statute of repose for medical malpractice in Tennessee Code Annotated section 29-26-116, which contains no exception for minority, tolled during a plaintiff's…”
Shadrick v. Coker, 963 S.W.2d 726 (Tenn. 1998). “See Tenn.Code Ann. § 29-26-116. 1 After carefully examining the record before us and considering the relevant authorities, we conclude that disputed issues of material fact exist regarding (1) when the statute of limitations began to run and, (2) whether the fraudulent…”
Eddie C. Pratcher, Jr. v. Methodist Healthcare Memphis Hospitals, 407 S.W.3d 727 (Tenn. 2013). “W2011-01576-SC-S09-CV - Filed June 28, 2013 The primary issue in this interlocutory appeal is whether the Tennessee health care liability statute of repose, Tenn. Code Ann. § 29-26-116 (a)(3) (2012) (“the statute of repose”), is an affirmative defense under Tenn.”
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015). “See Tenn. Code Ann. § 29-26-116 (a)(l)~(2). In Conclusion Because neither Catherine nor her representatives were properly before the trial court, and a decree is void as to any person not to have been before the court in person or by representation, see Gentry, 924 S.”
Krisinda Bowers, A Minor, by next friend, Tammy K. Bowers & Steve Bowers v. Stephen Hammond, 954 S.W.2d 752 (Tenn. Ct. App. 1997). “Section 29-26-116: The Medical Malpractice Act’s Statute Of Repose The statute of repose for medical malpractice actions, contained in section 29-26-116, provides that: In no event shall any [medical malpractice] action be brought more than three (3) years after the date on…”
Mills v. Wong, 155 S.W.3d 916 (Tenn. 2005). “See Tenn. Code Ann. § 29-26-116 (a)(3) (1980).”
Myrtle Robinson v. Baptist Mem'l Hosp., 464 S.W.3d 599 (Tenn. Ct. App. 2014). “The trial court granted summary judgment, finding that the Appellants had not shown facts sufficient to establish fraudulent concealment on the part of the Appellee physician so as to toll the applicable one-year statute of limitations and three-year statute of repose under…”
Sherrill v. Souder, 325 S.W.3d 584 (Tenn. 2010). “Applying Tennessee Code Annotated section 29-26-116(a)(1) and (2) and the case law interpreting those provisions, the suit is time-barred if, by January 8, 2003, Ms.”
Green v. Sacks, 56 S.W.3d 513 (Tenn. Ct. App. 2001). “Sacks is time-barred under the one-year statute of limitations in Tenn. Code Ann. § 29-26-116 (a)(l), (2). She insists that her suit was timely because it was filed within one year after she discovered that she had suffered an injury as a result of Dr.”
Hoffman v. Hosp. Affiliates, Inc., 652 S.W.2d 341 (Tenn. 1983). “This is a medical malpractice case in which the only issue on appeal is whether the action is barred by the statute of limitations embodied in T.C.A., § 29-26-116. 1 On November 29, 1979, the plaintiff fell at home in Hendersonville, Tennessee, at which time she claims to have…”
Eiswert v. United States, 322 F. Supp. 3d 864 (E.D. Tenn. 2018). “They are whether the statute of repose, Tenn. Code Ann. § 29-26-116 (a)(3), bars the plaintiffs' action, and whether plaintiffs' action should be dismissed for failing to file a certificate of good faith, Tenn.”
McCullough v. Johnson City Emergency Physicians, P.C., 106 S.W.3d 36 (Tenn. Ct. App. 2002). “” Tenn. Code Ann. § 29-26-116 (a) (2002). Appellants argue section (2) of Tenn.”
— Tenn. Code Ann. § 29-26-116(3) — 4 cases
Whitaker v. Whirlpool Corp., 32 S.W.3d 222 (Tenn. Ct. App. 2000).
Eddie C. Pratcher, Jr. v. Methodist Healthcare Memphis Hospitals, 407 S.W.3d 727 (Tenn. 2013). “W2011-01576-SC-S09-CV - Filed June 28, 2013 The primary issue in this interlocutory appeal is whether the Tennessee health care liability statute of repose, Tenn. Code Ann. § 29-26-116 (a)(3) (2012) (“the statute of repose”), is an affirmative defense under Tenn.”
Benton v. Snyder, 825 S.W.2d 409 (Tenn. 1992).
O. Robert E. Mayers v. Miller Med. Grp., An Affiliate of Baptist Healthcare Grp. Russell D. Ward, M.D. & Michel Kuzur, M.D. (Tenn. Ct. App. 1998).
— Tenn. Code Ann. § 29-26-116(4) — 3 cases
Burris v. Hosp. Corp. of Am., 773 S.W.2d 932 (Tenn. Ct. App. 1989).
Jeannie Farrow v. Warren G. Reed (Tenn. Ct. App. 1996).
Jeannie Farrow v. Warren G. Reed (Tenn. Ct. App. 1996).
— Tenn. Code Ann. § 29-26-116(a) — 20 cases
Krisinda Bowers, A Minor, by next friend, Tammy K. Bowers & Steve Bowers v. Stephen Hammond, 954 S.W.2d 752 (Tenn. Ct. App. 1997). “Section 29-26-116: The Medical Malpractice Act’s Statute Of Repose The statute of repose for medical malpractice actions, contained in section 29-26-116, provides that: In no event shall any [medical malpractice] action be brought more than three (3) years after the date on…”
Hall v. Haynes, 319 S.W.3d 564 (Tenn. 2010).
Burris v. Ikard, 798 S.W.2d 246 (Tenn. Ct. App. 1990).
McCullough v. Johnson City Emergency Physicians, P.C., 106 S.W.3d 36 (Tenn. Ct. App. 2002). “” Tenn. Code Ann. § 29-26-116 (a) (2002). Appellants argue section (2) of Tenn.”
Burk v. RHA/Sullivan, Inc., 220 S.W.3d 896 (Tenn. Ct. App. 2006).
— Tenn. Code Ann. § 29-26-116(a)(1) — 30 cases
Calaway Ex Rel. Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2006). “The third certified question is the central question of the four and is dispositive of the others: Is the three-year statute of repose for medical malpractice in Tennessee Code Annotated section 29-26-116, which contains no exception for minority, tolled during a plaintiff's…”
Sherrill v. Souder, 325 S.W.3d 584 (Tenn. 2010). “Applying Tennessee Code Annotated section 29-26-116(a)(1) and (2) and the case law interpreting those provisions, the suit is time-barred if, by January 8, 2003, Ms.”
Shadrick v. Coker, 963 S.W.2d 726 (Tenn. 1998). “See Tenn.Code Ann. § 29-26-116. 1 After carefully examining the record before us and considering the relevant authorities, we conclude that disputed issues of material fact exist regarding (1) when the statute of limitations began to run and, (2) whether the fraudulent…”
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015). “See Tenn. Code Ann. § 29-26-116 (a)(l)~(2). In Conclusion Because neither Catherine nor her representatives were properly before the trial court, and a decree is void as to any person not to have been before the court in person or by representation, see Gentry, 924 S.”
Mills v. Wong, 155 S.W.3d 916 (Tenn. 2005). “See Tenn. Code Ann. § 29-26-116 (a)(3) (1980).”
— Tenn. Code Ann. § 29-26-116(a)(2) — 25 cases
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015). “See Tenn. Code Ann. § 29-26-116 (a)(l)~(2). In Conclusion Because neither Catherine nor her representatives were properly before the trial court, and a decree is void as to any person not to have been before the court in person or by representation, see Gentry, 924 S.”
Hoffman v. Hosp. Affiliates, Inc., 652 S.W.2d 341 (Tenn. 1983). “This is a medical malpractice case in which the only issue on appeal is whether the action is barred by the statute of limitations embodied in T.C.A., § 29-26-116. 1 On November 29, 1979, the plaintiff fell at home in Hendersonville, Tennessee, at which time she claims to have…”
Stanbury v. Bacardi, 953 S.W.2d 671 (Tenn. 1997).
Hathaway v. Middle Tennessee Anesthesiology, 724 S.W.2d 355 (Tenn. Ct. App. 1986).
Sherrill v. Souder, 325 S.W.3d 584 (Tenn. 2010). “Applying Tennessee Code Annotated section 29-26-116(a)(1) and (2) and the case law interpreting those provisions, the suit is time-barred if, by January 8, 2003, Ms.”
— Tenn. Code Ann. § 29-26-116(a)(3) — 58 cases
Calaway Ex Rel. Calaway v. Schucker, 193 S.W.3d 509 (Tenn. 2006). “The third certified question is the central question of the four and is dispositive of the others: Is the three-year statute of repose for medical malpractice in Tennessee Code Annotated section 29-26-116, which contains no exception for minority, tolled during a plaintiff's…”
Myrtle Robinson v. Baptist Mem'l Hosp., 464 S.W.3d 599 (Tenn. Ct. App. 2014). “The trial court granted summary judgment, finding that the Appellants had not shown facts sufficient to establish fraudulent concealment on the part of the Appellee physician so as to toll the applicable one-year statute of limitations and three-year statute of repose under…”
Mills v. Wong, 155 S.W.3d 916 (Tenn. 2005). “See Tenn. Code Ann. § 29-26-116 (a)(3) (1980).”
Eddie C. Pratcher, Jr. v. Methodist Healthcare Memphis Hospitals, 407 S.W.3d 727 (Tenn. 2013). “W2011-01576-SC-S09-CV - Filed June 28, 2013 The primary issue in this interlocutory appeal is whether the Tennessee health care liability statute of repose, Tenn. Code Ann. § 29-26-116 (a)(3) (2012) (“the statute of repose”), is an affirmative defense under Tenn.”
Shadrick v. Coker, 963 S.W.2d 726 (Tenn. 1998). “See Tenn.Code Ann. § 29-26-116. 1 After carefully examining the record before us and considering the relevant authorities, we conclude that disputed issues of material fact exist regarding (1) when the statute of limitations began to run and, (2) whether the fraudulent…”
— Tenn. Code Ann. § 29-26-116(a)(4) — 11 cases
Eddie C. Pratcher, Jr. v. Methodist Healthcare Memphis Hospitals, 407 S.W.3d 727 (Tenn. 2013). “W2011-01576-SC-S09-CV - Filed June 28, 2013 The primary issue in this interlocutory appeal is whether the Tennessee health care liability statute of repose, Tenn. Code Ann. § 29-26-116 (a)(3) (2012) (“the statute of repose”), is an affirmative defense under Tenn.”
Hall v. Ervin, 642 S.W.2d 724 (Tenn. 1982).
Burris v. Ikard, 798 S.W.2d 246 (Tenn. Ct. App. 1990).
Methodist Healthcare Sys. of San Antonio, Ltd., L.L.P., W.C. Schorlemer, M.D., & Robert Schorlemer, M.D. v. Emmalene Rankin, 307 S.W.3d 283 (Tex. 2010).
Walters v. Cleveland Reg'l Med. Ctr., 307 S.W.3d 292 (Tex. 2010).
— Tenn. Code Ann. § 29-26-116(a)(8) — 2 cases
Sharp v. Richardson, 937 S.W.2d 846 (Tenn. 1996).
Krisinda Bowers, A Minor, by next friend, Tammy K. Bowers & Steve Bowers v. Stephen Hammond, 954 S.W.2d 752 (Tenn. Ct. App. 1997). “Section 29-26-116: The Medical Malpractice Act’s Statute Of Repose The statute of repose for medical malpractice actions, contained in section 29-26-116, provides that: In no event shall any [medical malpractice] action be brought more than three (3) years after the date on…”
— Tenn. Code Ann. § 29-26-116(a)(i) — 1 case
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015). “See Tenn. Code Ann. § 29-26-116 (a)(l)~(2). In Conclusion Because neither Catherine nor her representatives were properly before the trial court, and a decree is void as to any person not to have been before the court in person or by representation, see Gentry, 924 S.”
— Tenn. Code Ann. § 29-26-116(a)(l) — 12 cases
James R. Vandergriff v. Parkridge East Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015). “See Tenn. Code Ann. § 29-26-116 (a)(l)~(2). In Conclusion Because neither Catherine nor her representatives were properly before the trial court, and a decree is void as to any person not to have been before the court in person or by representation, see Gentry, 924 S.”
Hong Samouth (Sam) Rajvongs v. Dr. Anthony Wright, 432 S.W.3d 808 (Tenn. 2013).
Whitaker v. Whirlpool Corp., 32 S.W.3d 222 (Tenn. Ct. App. 2000).
Roe v. Jefferson, 875 S.W.2d 653 (Tenn. 1994).
Myrtle Robinson v. Baptist Mem'l Hosp., 464 S.W.3d 599 (Tenn. Ct. App. 2014). “The trial court granted summary judgment, finding that the Appellants had not shown facts sufficient to establish fraudulent concealment on the part of the Appellee physician so as to toll the applicable one-year statute of limitations and three-year statute of repose under…”
— Tenn. Code Ann. § 29-26-116(a)(l)(1980) — 1 case
Toler v. City of Cookeville, 952 S.W.2d 831 (Tenn. Ct. App. 1997).
— Tenn. Code Ann. § 29-26-116(a)(l)(2)(2000) — 2 cases
McIntosh v. Blanton, 164 S.W.3d 584 (Tenn. Ct. App. 2004).
Luna v. St. Thomas Hosp., 272 S.W.3d 577 (Tenn. Ct. App. 2007).
— Tenn. Code Ann. § 29-26-116(b) — 1 case
Rose v. H.C.A. Health Servs. of Tennessee, Inc., 947 S.W.2d 144 (Tenn. Ct. App. 1996).
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