Tennessee Code Annotated

Tenn. Code Ann. § 29-26-122 (2026)

Filing of certificate of good faith

✓ current as of May 2026

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(a) In any health care liability action in which expert testimony is required by § 29-26-115, the plaintiff or plaintiff's counsel shall file a certificate of good faith with the complaint. If the certificate is not filed with the complaint, the complaint shall be dismissed, as provided in subsection (c), absent a showing that the failure was due to the failure of the provider to timely provide copies of the claimant's records requested as provided in § 29-26-121 or demonstrated extraordinary cause. The certificate of good faith shall state that:
- (1) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they:
  - (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
  - (B) Believe, based on the information available from the medical records concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115; or
- (2) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they:
  - (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
  - (B) Believe, based on the information available from the medical records reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue and, as appropriate, information from the plaintiff or others with knowledge of the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the medical records or information reasonably available to the plaintiff or plaintiff's counsel; and that, despite the absence of this information, there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115. Refusal of the defendant to release the medical records in a timely fashion or where it is impossible for the plaintiff to obtain the medical records shall waive the requirement that the expert review the medical record prior to expert certification.

(b) Within thirty (30) days after a defendant has alleged in an answer or amended answer that a non-party is at fault for the injuries or death of the plaintiff and expert testimony is required to prove fault as required by § 29-26-115, each defendant or defendant's counsel shall file a certificate of good faith stating that:
- (1) The defendant or defendant's counsel has consulted with one (1) or more experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they:
  - (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
  - (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to allege such fault against another consistent with the requirements of § 29-26-115; or
- (2) The defendant or defendant's counsel has consulted with one (1) or more medical experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they:
  - (A) Are competent under § 29-26-115 to express an opinions or opinions in the case; and
  - (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the information reasonably available to the defendant or defendant's counsel; and that, despite the absence of this information, there is a good faith basis for alleging such fault against another, whether already a party to the action or not, consistent with the requirements of § 29-26-115.

(c) The failure of a plaintiff to file a certificate of good faith in compliance with this section shall, upon motion, make the action subject to dismissal with prejudice. The failure of a defendant to file a certificate of good faith in compliance with this section alleging the fault of a non-party shall, upon motion, make such allegations subject to being stricken with prejudice unless the plaintiff consents to waive compliance with this section. If the allegations are stricken, no defendant, except for a defendant who complied with this section, can assert, and neither shall the judge nor jury consider, the fault, if any, of those identified by the allegations. The court may, upon motion, grant an extension within which to file a certificate of good faith if the court determines that a health care provider who has medical records relevant to the issues in the case has failed to timely produce medical records upon timely request, or for other good cause shown.

(d)
- (1) Subject only to subdivision (d)(2), the written statement of an expert relied upon in executing the certificate of good faith is not discoverable in the course of litigation.
- (2) If a party in a health care liability action subject to this section prevails on the basis of the failure of an opposing party to offer any competent expert testimony as required by § 29-26-115, the court may, upon motion, compel the opposing party or party's counsel to provide to the court a copy of each such expert's signed written statement relied upon in executing the certificate of good faith. The medical experts may be compelled to provide testimony under oath, as determined by the court, for the purposes of determining that party's compliance with subsection (a) or (b).
- (3) If the court, after hearing, determines that this section has been violated, the court shall award appropriate sanctions against the attorney if the attorney was a signatory to the action and against the party if the party was proceeding pro se. The sanctions may include, but are not limited to, payment of some or all of the attorney's fees and costs incurred by a party in defending or responding to a claim or defense supported by the non-complying certificate of good faith. If the signatory was an attorney, the court shall forward the order to the board of professional responsibility for appropriate action. Upon proof that a party or party's counsel has filed a certificate of good faith in violation of this section in three (3) or more cases in any court of record in this state, the court shall, upon motion, require the party or party's counsel to post a bond in the amount of ten thousand dollars ($10,000) per adverse party in any future health care liability case to secure payment of sanctions for any violation of this section in such case.
- (4) A certificate of good faith shall disclose the number of prior violations of this section by the executing party.
- (5) The administrative office of the courts shall develop a certificate of good faith form to effectuate the purposes of this section.

Acts 2008 , ch. 919, § 1; 2009 , ch. 425, § 2; 2012 , ch. 798, § 14.

Notes of Decisions

Cited in 180 cases (31 in the last 5 years), 2010–2026 · leading case: Curtis Myers v. Amisub (SFH), Inc., d/b/a St. Francis Hosp., 382 S.W.3d 300 (Tenn. 2012).

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Curtis Myers v. Amisub (SFH), Inc., d/b/a St. Francis Hosp., 382 S.W.3d 300 (Tenn. 2012). · cites it 39× “Tenn.Code Ann. § 29-26-122 (Supp.2011). When Mr.”

Timothy Davis ex rel. Katherine Michelle Davis v. Michael Ibach, MD, 465 S.W.3d 570 (Tenn. 2015). · cites it 32× “See Tenn. Code Ann. § 29-26-122 (a), (c), (d)(4).”

Dallas K. Hurley, Jr. v. Ryan B. Pickens, M.D., 536 S.W.3d 419 (Tenn. Ct. App. 2016). · cites it 31× “Defendants appeal to this Court raising issues regarding whether Plaintiff had the right to take a voluntary dismissal without prejudice when a motion to dismiss was pending and whether Plaintiff failed to comply with Tenn. Code Ann. § 29-26-122 requiring dismissal of Plaintiffs…”

Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc., 418 S.W.3d 547 (Tenn. 2013). · cites it 12× “3 In her complaint, Plaintiff averred that she had complied with the pre-suit notice requirement of Tenn.Code Ann. § 29-26-121(a). Plaintiff also filed a certificate of good faith with her complaint pursuant to Tenn.”

Susan Sirbaugh v. Vanderbilt Univ., d/b/a Vanderbilt Univ. Med. Ctr., 469 S.W.3d 46 (Tenn. Ct. App. 2014). · cites it 43× “See Tenn. Code Ann. § 29-26-122 (a)(l); Jenkins, 683 F.”

Adam Ellithorpe v. Janet Weismark, 479 S.W.3d 818 (Tenn. 2015). · cites it 12× “Consequently, Parents were required- to provide a certifícate of good faith under Tennessee Code Annotated section 29-26-122, and their failure to comply with this statutory requirement warrants dismissal with prejudice.”

Eiswert v. United States, 322 F. Supp. 3d 864 (E.D. Tenn. 2018). · cites it 18× “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.”

Pamela Moses v. Jayanta K. Dirghangi, MD, 430 S.W.3d 371 (Tenn. Ct. App. 2013). · cites it 20× “Tennessee Code Annotated section 29-26-122 expressly provides that “[i]n any medical malpractice action in which expert testimony is required by § 29-26-115, the plaintiff or plaintiffs counsel shall file a certificate of good faith with the complaint.”

Brenda Osunde v. Delta Med. Ctr., 505 S.W.3d 875 (Tenn. Ct. App. 2016). · cites it 8× “§ 29-26-122. This certificate served to confirm that one or more experts had been consulted and provided a signed written statement of their belief that there was a good faith basis for filing the complaint.”

Stacey J. Cordell v. Cleveland Tennessee Hosp., LLC, 544 S.W.3d 331 (Tenn. Ct. App. 2017). · cites it 12× “Parsons and SkyRidge argued that although her claims fell within the ambit of the Tennessee Health Care Liability Act, she had failed to comply with the certificate of good faith requirement in Tennessee Code Annotated section 29-26-122 and the pre-suit notice requirement found…”

Sandi D. Jackson v. HCA Health Servs. of Tennessee, Inc. d/b/a Centennial Med. Ctr., 383 S.W.3d 497 (Tenn. Ct. App. 2012). · cites it 21× “Tenn. Code Ann. § 29-26-122 (a), (c)(2009).”

Vicki J. Redick v. Saint Thomas Midtown Hosp., 515 S.W.3d 853 (Tenn. Ct. App. 2016). · cites it 23× “We find and hold that Plaintiff, despite application of the common knowledge exception when appropriate, would be unable to prove her claim without expert proof, and therefore, Plaintiff was required to file a certificate of good faith in compliance with Tenn. Code Ann. §…”

Show all 180 citing cases →

— Tenn. Code Ann. § 29-26-122(A) — 1 case

Jennifer Parks v. Rebecca A. Walker, M.D. - dissenting (Tenn. Ct. App. 2018).

— Tenn. Code Ann. § 29-26-122(a) — 37 cases

Curtis Myers v. Amisub (SFH), Inc., d/b/a St. Francis Hosp., 382 S.W.3d 300 (Tenn. 2012). “Tenn.Code Ann. § 29-26-122 (Supp.2011). When Mr.”

Sandi D. Jackson v. HCA Health Servs. of Tennessee, Inc. d/b/a Centennial Med. Ctr., 383 S.W.3d 497 (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 29-26-122 (a), (c)(2009).”

Susan Sirbaugh v. Vanderbilt Univ., d/b/a Vanderbilt Univ. Med. Ctr., 469 S.W.3d 46 (Tenn. Ct. App. 2014). “See Tenn. Code Ann. § 29-26-122 (a)(l); Jenkins, 683 F.”

Pamela Moses v. Jayanta K. Dirghangi, MD, 430 S.W.3d 371 (Tenn. Ct. App. 2013). “Tennessee Code Annotated section 29-26-122 expressly provides that “[i]n any medical malpractice action in which expert testimony is required by § 29-26-115, the plaintiff or plaintiffs counsel shall file a certificate of good faith with the complaint.”

Timothy Davis ex rel. Katherine Michelle Davis v. Michael Ibach, MD, 465 S.W.3d 570 (Tenn. 2015). “See Tenn. Code Ann. § 29-26-122 (a), (c), (d)(4).”

— Tenn. Code Ann. § 29-26-122(a)(1) — 4 cases

Edward Gilbert v. State of Tennessee (Tenn. Ct. App. 2022).

Debra Smith v. Ronnie Outen, M.D. (Tenn. Ct. App. 2020).

Barrios v. Houston Cnty. Sheriff's Dep't (M.D. Tenn. 2022).

— Tenn. Code Ann. § 29-26-122(a)(1)(A) — 1 case

Est. of Beulah Blankenship v. Bradley Healthcare & Rehab. Ctr. (Tenn. Ct. App. 2022).

— Tenn. Code Ann. § 29-26-122(a)(1)(B) — 2 cases

Est. of Beulah Blankenship v. Bradley Healthcare & Rehab. Ctr. (Tenn. Ct. App. 2022).

Theresa A. Kerby v. Melinda J. Haws, MD (Tenn. Ct. App. 2012).

— Tenn. Code Ann. § 29-26-122(a)(2) — 3 cases

Hong Samouth (Sam) Rajvongs v. Dr. Anthony Wright, 432 S.W.3d 808 (Tenn. 2013).

Sandi D. Jackson v. HCA Health Servs. of Tennessee, Inc. d/b/a Centennial Med. Ctr., 383 S.W.3d 497 (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 29-26-122 (a), (c)(2009).”

Jeannie McGinnis Caldwell v. The Vanderbilt Univ. d/b/a Vanderbilt Univ. Med. Ctr. (Tenn. Ct. App. 2013).

— Tenn. Code Ann. § 29-26-122(a)(2)(B) — 2 cases

Susan Sirbaugh v. Vanderbilt Univ., d/b/a Vanderbilt Univ. Med. Ctr., 469 S.W.3d 46 (Tenn. Ct. App. 2014). “See Tenn. Code Ann. § 29-26-122 (a)(l); Jenkins, 683 F.”

Stephanie Allen, individually & surviving spouse & next-of-kin of Donald A. Allen v. Benjamin Dehner, M.D. (concurring in part/dissenting in part) (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 29-26-122(a)(l) — 3 cases

Truth v. Eskioglu, 781 F. Supp. 2d 630 (M.D. Tenn. 2011).

Sandi D. Jackson v. HCA Health Servs. of Tennessee, Inc. d/b/a Centennial Med. Ctr., 383 S.W.3d 497 (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 29-26-122 (a), (c)(2009).”

White v. Washington Cnty., 85 F. Supp. 3d 955 (E.D. Tenn. 2015).

— Tenn. Code Ann. § 29-26-122(b) — 9 cases

Susan Sirbaugh v. Vanderbilt Univ., d/b/a Vanderbilt Univ. Med. Ctr., 469 S.W.3d 46 (Tenn. Ct. App. 2014). “See Tenn. Code Ann. § 29-26-122 (a)(l); Jenkins, 683 F.”

Banks v. Elks Club Pride of Tennessee 1102, 301 S.W.3d 214 (Tenn. 2010).

Clifford Swearengen v. DMC-Memphis, Inc., 488 S.W.3d 774 (Tenn. Ct. App. 2015).

Robert Crotty v. Mark Flora, M.D. (Tenn. 2023).

Stephanie Allen, individually & surviving spouse & next-of-kin of Donald A. Allen v. Benjamin Dehner, M.D. (concurring in part/dissenting in part) (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 29-26-122(b)(1) — 1 case

Robert Crotty v. Mark Flora, M.D. (Tenn. 2023).

— Tenn. Code Ann. § 29-26-122(c) — 24 cases

Susan Sirbaugh v. Vanderbilt Univ., d/b/a Vanderbilt Univ. Med. Ctr., 469 S.W.3d 46 (Tenn. Ct. App. 2014). “See Tenn. Code Ann. § 29-26-122 (a)(l); Jenkins, 683 F.”

Adam Ellithorpe v. Janet Weismark, 479 S.W.3d 818 (Tenn. 2015). “Consequently, Parents were required- to provide a certifícate of good faith under Tennessee Code Annotated section 29-26-122, and their failure to comply with this statutory requirement warrants dismissal with prejudice.”

Brandon v. Williamson Med. Ctr., 343 S.W.3d 784 (Tenn. Ct. App. 2010).

Curtis Myers v. Amisub (SFH), Inc., d/b/a St. Francis Hosp., 382 S.W.3d 300 (Tenn. 2012). “Tenn.Code Ann. § 29-26-122 (Supp.2011). When Mr.”

Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc., 418 S.W.3d 547 (Tenn. 2013). “3 In her complaint, Plaintiff averred that she had complied with the pre-suit notice requirement of Tenn.Code Ann. § 29-26-121(a). Plaintiff also filed a certificate of good faith with her complaint pursuant to Tenn.”

— Tenn. Code Ann. § 29-26-122(d) — 3 cases

Debra Smith v. Ronnie Outen, M.D. (Tenn. Ct. App. 2020).

Deborah L. Akers v. Heritage Med. Assocs., P.C. (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 29-26-122(d)(1) — 2 cases

Pamela Salas v. John David Rosdeutscher (Tenn. Ct. App. 2024).

Deborah L. Akers v. Heritage Med. Assocs., P.C. (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 29-26-122(d)(2) — 4 cases

James Jones v. Raymond M. Hargreaves (Tenn. Ct. App. 2018).

Debra Smith v. Ronnie Outen, M.D. (Tenn. Ct. App. 2020).

Deborah L. Akers v. Heritage Med. Assocs., P.C. (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 29-26-122(d)(3) — 4 cases

Debra Smith v. Ronnie Outen, M.D. (Tenn. Ct. App. 2020).

James Jones v. Raymond M. Hargreaves (Tenn. Ct. App. 2018).

Deborah L. Akers v. Heritage Med. Assocs., P.C. (Tenn. Ct. App. 2019).

— Tenn. Code Ann. § 29-26-122(d)(4) — 7 cases

Timothy Davis ex rel. Katherine Michelle Davis v. Michael Ibach, MD, 465 S.W.3d 570 (Tenn. 2015). “See Tenn. Code Ann. § 29-26-122 (a), (c), (d)(4).”

Doris Jean Kerr, individually, & on behalf of Willie M. Kerr v. Tommy C. Thompson, M.D. (Tenn. Ct. App. 2015).

Carroll Marie Stovall v. UHS of Lakeside, LLC (Tenn. Ct. App. 2014).

Betty Kirby v. Sumner Reg'l Med. Ctr. (Tenn. Ct. App. 2016).

Myrtle Robinson v. Edward Todd Robbins, MD (Tenn. Ct. App. 2016).

— Tenn. Code Ann. § 29-26-122(e) — 1 case

Susan Sirbaugh v. Vanderbilt Univ., d/b/a Vanderbilt Univ. Med. Ctr., 469 S.W.3d 46 (Tenn. Ct. App. 2014). “See Tenn. Code Ann. § 29-26-122 (a)(l); Jenkins, 683 F.”

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