Laws vary from state to state, but the elements of a health care liability claim for medical malpractice or medical negligence are generally:

• a physician or health care provider is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of medical care or health care, or safety, professional, or administrative services directly related to health care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

In Tennessee, medical malpractice, also known as health care liability, is governed by both state statutes and case law. To establish a medical malpractice claim in Tennessee, a plaintiff must demonstrate that a health care provider, such as a physician, owed a duty of care to the patient, breached that duty by failing to adhere to the accepted standard of medical care, and that this breach was the proximate cause of the patient's injury. Tennessee law requires that before a lawsuit is filed, the plaintiff must give the defendant a 60-day pre-suit notice of the claim, which includes the authorization to obtain medical records. Additionally, a plaintiff must file a certificate of good faith with the complaint, stating that they have consulted with a medical expert who believes there is a good faith basis for the lawsuit. The Tennessee Health Care Liability Act also imposes caps on non-economic damages, such as pain and suffering, in most cases. It's important to note that Tennessee has a statute of limitations for filing medical malpractice claims, which is generally one year from the date the injury was discovered, but no more than three years from the date of the act or omission causing the injury, with certain exceptions.