Ch. 919, 2008 Tenn. Pub. Acts (effective Oct. 1, 2008)
TN Public Chapter No. 919 amended Title 29, Chapter 26, Part 1 of the Tennessee Code Annotated to require plaintiffs or plaintiff's counsel to file a Certificate of Good Faith within 90 days after filing a complaint in any medical malpractice action in which expert testimony is required by § 29-26-115. The Certificate of Good Faith shall state that plaintiff or plaintiff's counsel has consulted with one or more experts who have provided signed written statements confirming their belief that there is a good faith basis to maintain the action consistent with the Tennessee Medical Malpractice Act. Failure to comply with these requirements shall, upon motion, make the action subject to dismissal with prejudice.
Defendant or defendant's counsel must also file a Certificate of Good Faith within 30 days after alleging in an answer or amended answer that a non-party is at fault for the plaintiff's injuries. Failure to comply shall, upon motion, make such allegations subject to being stricken with prejudice.
Pub. Ch. No.919 also requires a plaintiff in a medical malpractice action to give written notice of potential claims to each health care provider against whom such potential claims are being made at least 60 days before the filing of complaints based upon medical malpractice in any Tennessee court.
Ch. 919
Monday, June 30, 2008
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