reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 22 - HOSPITALS' LIENS (§§ 29-22-101 — 29-22-107) › Section 29-22-105 - Release of lien - Fee

(a)
To release a perfected lien as described under this chapter, the operator of the hospital to whom the lien has been duly paid shall execute a certificate to the effect that the claim filed by such hospital for treatment, care and maintenance therein has been duly paid or discharged and authorizing the clerk in whose office the notice of hospital lien has been filed, to release the same, such release to be at the expense of the hospital.
(b)
The clerk shall thereupon enter upon the margin of the hospital lien book in which the lien has been entered, a memorandum of such filing and the date when such certificate of payment or discharge was filed in the clerk's office, which certificate and entry shall constitute a release of lien, for which the clerk shall receive the sum of two dollars ($2.00).
Acts 1970, ch. 527, § 5; T.C.A., § 23-3205; Acts 1988, ch. 666, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 22 - HOSPITALS' LIENS (§§ 29-22-101 — 29-22-107) › Section 29-22-106 - Lienholder not to be named on checks or drafts

No person, firm, or corporation, paying a claim, demand, or judgment shall include the name of any lien claimant, under this chapter, as a payee on any drafts or checks issued to settle such claims, demands, or judgments.
Acts 1970, ch. 527, § 6; T.C.A., § 23-3206.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 22 - HOSPITALS' LIENS (§§ 29-22-101 — 29-22-107) › Section 29-22-107 - Limitations on hospital

This chapter shall not be construed as giving any hospital an independent right of action to determine liability for injuries sustained by any person covered herein nor shall any settlement or compromise of a claim entered into on behalf of such person require the approval of the hospital.
Acts 1970, ch. 527, §§ 7, 8; T.C.A., § 23-3207.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 23 - INJUNCTIONS (§§ 29-23-101 — 29-23-204) › Part 1 - INJUNCTION TO STAY PROCEEDINGS ON MONEY JUDGMENT (§§ 29-23-101 — 29-23-105) › Section 29-23-101 - Decree on dissolution of injunction to stay proceedings on money judgment

Upon the dissolution of an injunction to stay proceedings on a judgment for money, in whole or in part, the decree, interlocutory or final, shall be entered against the complainant and the complainant's sureties for such amount as the court may order, and the clerk and master shall issue executions thereon.
Code 1858, § 4447 (deriv. Acts 1817, ch. 119, § 1); Shan., § 6264; Code 1932, § 10550; T.C.A. (orig. ed.), § 23-1909.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 23 - INJUNCTIONS (§§ 29-23-101 — 29-23-204) › Part 1 - INJUNCTION TO STAY PROCEEDINGS ON MONEY JUDGMENT (§§ 29-23-101 — 29-23-105) › Section 29-23-103 - Penalty for delay of judgment

Where an injunction to stay proceedings on a judgment is dissolved on a final hearing, the court may decree six percent (6%) on the amount of the judgment enjoined as damages, if of the opinion that the injunction was obtained for delay.
Code 1932, § 10554; T.C.A. (orig. ed.), § 23-1912.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 23 - INJUNCTIONS (§§ 29-23-101 — 29-23-204) › Part 1 - INJUNCTION TO STAY PROCEEDINGS ON MONEY JUDGMENT (§§ 29-23-101 — 29-23-105) › Section 29-23-104 - Assessment of penalty for injurious injunction

(a)
In cases where the court is of the opinion that the party enjoined has suffered a substantial injury, but that damages are speculative or incapable of ascertainment under legal rules, it may, on dissolution, in its sound discretion, assess and decree against the party suing out the writ a penalty in favor of the party enjoined.
(b)
If this discretion is exercised by the chancellor it shall be reviewable on appeal.
Code 1932, § 10555; T.C.A. (orig. ed.), § 23-1913.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 23 - INJUNCTIONS (§§ 29-23-101 — 29-23-204) › Part 1 - INJUNCTION TO STAY PROCEEDINGS ON MONEY JUDGMENT (§§ 29-23-101 — 29-23-105) › Section 29-23-105 - Delivery of attached property - Payment of penalty

The court has power, upon final decree, to order the property which may have been attached to be delivered to the party entitled, and, in case of failure, that the persons liable upon original, replevy, or delivery bonds, shall pay all or such portion of the penalty as the court may order. Or, where the property is not forthcoming in conformity to the final decree, the court may enter judgment on motion, and execution may issue thereon for the whole, or any portion, of the penalty, as the court may direct, against all or any of the parties thereto.
Code 1858, §§ 4449, 4450; Shan., § 6266; Code 1932, § 10556; T.C.A. (orig. ed.), § 23-1914.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 23 - INJUNCTIONS (§§ 29-23-101 — 29-23-204) › Part 2 - INJUNCTION AGAINST SALE UNDER TRUST DEED OR MORTGAGE (§§ 29-23-201 — 29-23-204) › Section 29-23-201 - Injunction against sale under trust deed or mortgage - Notice required

(a)
No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives five (5) days' notice to the trustee or mortgagee of the time when, place where, and of the judge or chancellor before whom, the application for injunction is to be made.
(b)
No judge or chancellor shall act upon the application unless the same is accompanied by proof, evidenced by return of a sheriff, constable, or attorney, that notice has been served on the trustee or mortgagee, or that the trustee or mortgagee is not to be found in the county of usual residence, or is a nonresident.
Acts 1873, ch. 10, § 1; Shan., § 6248; Code 1932, § 10535; mod. C. Supp. 1950, § 10535; T.C.A. (orig. ed.), § 23-2401.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 23 - INJUNCTIONS (§§ 29-23-101 — 29-23-204) › Part 2 - INJUNCTION AGAINST SALE UNDER TRUST DEED OR MORTGAGE (§§ 29-23-201 — 29-23-204) › Section 29-23-202 - Contents of application for injunction

The party applying for relief in such case shall distinctly state how, when, and to whom the debt or any part of the debt secured aforementioned has been paid, or any circumstances of fraud which vitiate the contract.
Acts 1873, ch. 10, § 2; Shan., § 6250; Code 1932, § 10536; T.C.A. (orig. ed.), § 23-2402.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 23 - INJUNCTIONS (§§ 29-23-101 — 29-23-204) › Part 2 - INJUNCTION AGAINST SALE UNDER TRUST DEED OR MORTGAGE (§§ 29-23-201 — 29-23-204) › Section 29-23-203 - Answer - Delay in hearing on injunction

After the reading of the bill in the hearing of the trustee or mortgagee, if the trustee or mortgagee chooses to appear before the judge or chancellor, the trustee or mortgagee may have the right to a delay of proceedings not more than ten (10) days, during which time the trustee or mortgagee may file an answer before the same judge or chancellor.
Acts 1873, ch. 10, § 2; Shan., § 6251; Code 1932, § 10537; T.C.A. (orig. ed.), § 23-2403.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 23 - INJUNCTIONS (§§ 29-23-101 — 29-23-204) › Part 2 - INJUNCTION AGAINST SALE UNDER TRUST DEED OR MORTGAGE (§§ 29-23-201 — 29-23-204) › Section 29-23-204 - Decree

The judge or chancellor may then, upon such bill and answer, hear such cause, at chambers, as upon motion to dissolve the injunction, the judge's or chancellor's decision to be in a written decree, which decree, together with the bill, answer, and exhibits, shall be enclosed in a sealed envelope, to the clerk of the court in which the bill is filed, such decree to constitute a part of the record in the cause, in conformity to the terms of which, the clerk may take bonds from either party, or execute any other order as adjudged in such decree.
Acts 1873, ch. 10, § 2; Shan., § 6252; mod. Code 1932, § 10538; T.C.A. (orig. ed.), § 23-2404.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 24 - LIBEL AND SLANDER (§§ 29-24-101 — 29-24-105) › Section 29-24-101 - Charge of adultery or fornication

Any words written, spoken, or printed of a person, wrongfully and maliciously imputing to such person the commission of adultery or fornication, are actionable, without special damage except as otherwise provided in §
29-24-105
.
Code 1858, § 3400 (deriv. Acts 1805, ch. 6, § 1); Shan., § 5155; Code 1932, § 9310; Acts 1957, ch. 240, § 3; T.C.A. (orig. ed.), § 23-2601.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 24 - LIBEL AND SLANDER (§§ 29-24-101 — 29-24-105) › Section 29-24-102 - Costs on nominal recovery

Where the verdict in slander is under five dollars ($5.00), the plaintiff shall recover no more costs than damages.
Code 1858, § 3402 (deriv. Acts 1715, ch. 27, § 8); Shan., § 5157; Code 1932, § 9313; T.C.A. (orig. ed.), § 23-2604.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 24 - LIBEL AND SLANDER (§§ 29-24-101 — 29-24-105) › Section 29-24-103 - Notice of action against periodical - Effect of retraction

(a)
Before any civil action is brought for publication, in a newspaper or periodical, of a libel, the plaintiff shall, at least five (5) days before instituting such action, serve notice in writing on the defendant, specifying the article and the statements therein which the plaintiff alleges to be false and defamatory.
(b)
(1)
If it appears upon the trial that the article was published in good faith, that its falsity was due to an honest mistake of the facts, and that there were reasonable grounds for believing that the statements in the article were true, and that within ten (10) days after the service of such notice, or in the next regular edition of such newspaper or periodical, if more than ten (10) days from date of notice, a full and fair correction, apology, or retraction was published in the same editions, and in the case of a daily newspaper, in all editions of the day of such publication, or corresponding issues of the newspaper or periodical in which the article appeared; and in the case of newspapers on the front page thereof, and in the case of other periodicals in as conspicuous a place as that of the original defamatory article, and in either case, in as conspicuous a plat or type as was the original article, then the plaintiff shall recover only actual, and not punitive, damages.
(2)
The exemption from punitive damages shall not apply to any article about or affecting a candidate for political office, published within ten (10) days before any election for the office for which the person is a candidate.
Acts 1955, ch. 47, § 1; T.C.A., § 23-2605.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 24 - LIBEL AND SLANDER (§§ 29-24-101 — 29-24-105) › Section 29-24-104 - Broadcasting stations

(a)
The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee, or operator, or agent or employee thereof, unless it shall be alleged by the complaining party that such owner, licensee, operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
(b)
It shall be the responsibility of the owner, licensee or operator to show that due care was used.
(c)
In no event, however, shall any owner, licensee, or operator, or the agents or employees of any such owner, licensee or operator of any such a station or network of stations, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by any candidate for public office, unless such statement is made by an agent or employee of the owner, licensee, or operator in the course of employment.
Acts 1955, ch. 12, §§ 1, 2; T.C.A., §§ 23-2606, 23-2607.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 24 - LIBEL AND SLANDER (§§ 29-24-101 — 29-24-105) › Section 29-24-105 - Commercial printers and printing establishments relieved of liability for libel under certain conditions

(a)
For the purpose of this section, "commercial printer or commercial printing establishment" includes any person or establishment producing printed products by any and all processes, and suppliers of type, stencils, plates and/or negatives from which such printing is produced.
(b)
The right of action heretofore existing against a commercial printer or commercial printing establishment engaged in the business of printing for others to recover sums of money as damages for the publication of a libel is hereby abolished where the copy for the libelous matter was furnished by the customer to the commercial printer or commercial printing establishment, and no part of the libelous matter was written, edited or otherwise authored by the commercial printer or commercial printing establishment or their agents, servants or employees.
(c)
(1)
The benefits of this section shall not inure to the commercial printer or printing establishment, where the copy is libelous per se or where the commercial printer, or commercial printing establishment, its agents, servants or employees knew, or in the exercise of ordinary care should have known, of the falsity of the matter contained in such copy.
(2)
The benefit of this section shall not inure to the benefit of any commercial printer or any commercial printing establishment unless such printer or printing establishment requires the person furnishing such copy to place the provider's true name, address and organization represented, if any, on such copy or in a permanent record book kept for such purpose, such information to be available to the person allegedly libeled upon the libeled party's written request.
Acts 1957, ch. 240, §§ 1, 2; T.C.A., §§ 23-2608, 23-2609.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-101 - Power to issue writ

Circuit judges and chancellors have power to issue writs of mandamus, upon petition or bill, supported by affidavit.
Code 1858, § 3567 (deriv. Acts 1831, ch. 51, § 1); Shan., §5331; mod. Code 1932, § 9491; T.C.A. (orig. ed.), § 23-2001.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-102 - Alternative and peremptory writs

(a)
The writ is either alternative or peremptory.
(b)
The alternative writ commands the defendant to do the act required to be performed or show cause before the court forthwith, or at a specified time and place, why the defendant has not done so, and that the defendant then and there return the writ.
(c)
The peremptory writ commands the defendant to do the act and return the writ accordingly.
Code 1858, § 3569; Shan., § 5333; Code 1932, § 9493; T.C.A. (orig. ed.), § 23-2002.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-103 - Court to which writ returnable

The writ is returnable to the court of the county in which the land lies, in all cases where land is the subject of controversy, and in all other cases to the court of the county where the defendant resides, or, if against a public officer or corporation, in the county in which the office is kept or corporation does business.
Code 1858, § 3568 (deriv. Acts 1831, ch. 51, § 2); Shan., §5332; mod. Code 1932, § 9492; T.C.A. (orig. ed.), § 23-2003.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-104 - Notice to and intervention by third person

The defendant in the writ shall notify any third person claiming title to or interest in the matter in controversy, and such third person may, upon application, be made a defendant, and permitted to file an answer, upon giving security for costs.
Code 1858, § 3571 (deriv. Acts 1831, ch. 51, § 3); Shan., § 5335; Code 1932, § 9495; T.C.A. (orig. ed.), § 23-2004.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-105 - Failure of third person to appear

If such third person is a nonresident or unknown, publication shall be made as in other cases against nonresidents; and, on the nonresident's failing to appear and answer according to the requirements of the order of publication, the petition or bill may be taken for confessed, and proceeded with ex parte.
Code 1858, § 3573 (deriv. Acts 1831, ch. 51, § 5); Shan., § 5337; Code 1932, § 9497; T.C.A. (orig. ed.), § 23-2005.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-106 - Filing of answer

On the return day of the alternative writ, or on such further day as the court may allow, the party on whom the writ has been served may show cause by a sworn answer, and issue may be made thereon, and tried accordingly.
Code 1858, § 3570; Shan., § 5334; Code 1932, § 9494; T.C.A. (orig. ed.), § 23-2006.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-107 - Issues of fact

If the answer deny any material facts stated in the petition, the court may determine the issues upon evidence, or cause them to be submitted to a jury.
Code 1858, § 3572 (deriv. Acts 1831, ch. 51, § 4); Shan., § 5336; Code 1932, § 9496; T.C.A. (orig. ed.), § 23-2007.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-108 - Judgment

(a)
When the defendant makes default, or a decision is made against the defendant after appearance, the court shall direct a peremptory mandamus to issue forthwith.
(b)
Should the decision be adverse to the petitioner, the petition or bill shall be dismissed with costs.
Code 1858, § 3574 (deriv. Acts 1831, ch. 51, § 7); Shan., § 5338; Code 1932, § 9498; T.C.A. (orig. ed.), § 23-2008.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 25 - MANDAMUS (§§ 29-25-101 — 29-25-109) › Section 29-25-109 - Costs

The costs and fees in mandamus cases are the same as those prescribed by law for similar services in chancery proceedings.
Code 1858, § 3575 (deriv. Acts 1831, ch. 51, § 8); Shan., § 5339; Code 1932, § 9499; T.C.A. (orig. ed.), § 23-2009.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122) › Section 29-26-102 - Permissible defendants in health care liability action - Determining statute of limitations

(a)
Except as provided in this section, a health care liability action against a licensee may be brought only against the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor. A passive investor shall not be liable under this part. A health care liability action against any other individual or entity may be brought only pursuant to subsection (b).
(b)
A cause of action may not be asserted against an individual or entity other than the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor, unless, after a hearing on a motion for leave to amend, the court or arbitrator determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that:
(1)
The individual or entity owed a duty of reasonable care to the claimant and that the individual or entity breached that duty; and
(2)
The breach of that duty is a legal cause of loss, injury, death, or damage to the claimant.
(c)
When determining the statute of limitations in a health care liability action, the date of the original pleading shall control regardless of whether there are amended pleadings or substituted or added parties.
Added by 2015 Tenn. Acts, ch. 254, s 2, eff. 4/24/2015.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122) › Section 29-26-103 - Use of results of survey, inspection or investigation of health care provider conducted by state or federal department or agency

(a)
Except as otherwise provided in this section, the results of a survey, an inspection, or an investigation of a health care provider that is conducted by any state or federal department or agency, including any statement of deficiencies and all findings and deficiencies cited in the statement of deficiencies on the basis of the survey, inspection, or investigation, all proposed or implemented plans of correction submitted by the health care provider, and statements of or records of interviews with employees or independent contractors of the health care provider, shall not be:
(1)
Admissible in evidence in any health care liability action in any court or arbitration proceeding on the basis that it satisfies an exception to the Tennessee rules of evidence governing hearsay; or
(2)
Used in an advertisement, unless the advertisement includes all of the following:
(A)
The date the survey, inspection, or investigation was conducted;
(B)
If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date the finding or deficiency was corrected; and
(C)
A statement that the advertisement is neither authorized nor endorsed by the department of health, department of mental health and substance abuse services, or any other government agency.
(b)
Nothing in this section prohibits the results of a survey, an inspection, or investigation being used in an administrative proceeding, a state civil or criminal proceeding, or a federal civil or criminal proceeding initiated by a state or federal department or agency, or an appeal of any such proceeding.
(c)
Nothing in this section prohibits the results of a survey, an inspection, or investigation being used to impeach a witness in a health care liability action.
Added by 2015 Tenn. Acts, ch. 399,s 1, eff. 5/8/2015.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122) › Section 29-26-115 - Claimant's burden in health care liability action - Expert testimony - Presumption of negligence - Jury instructions

(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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122) › Section 29-26-116 - Statute of limitations - Counterclaim for damages

(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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122) › Section 29-26-117 - Plaintiff's demand for specific sum inadmissible during trial

In a health care liability action the pleading filed by the plaintiff may state a demand for a specific sum, but such demand shall not be disclosed to the jury during a trial of the case notwithstanding §
20-9-302
to the contrary.
Acts 1975, ch. 299, § 16; 1976, ch. 759, § 17; T.C.A., § 23-3416; Acts 2012 , ch. 798, § 9.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122) › Section 29-26-118 - Proving inadequacy of consent

In a health care liability action, the plaintiff shall prove by evidence as required by §
29-26-115(b)
that the defendant did not supply appropriate information to the patient in obtaining informed consent (to the procedure out of which plaintiff's claim allegedly arose) in accordance with the recognized standard of acceptable professional practice in the profession and in the specialty, if any, that the defendant practices in the community in which the defendant practices and in similar communities.
Acts 1975, ch. 299, § 17; 1976, ch. 759, § 18; T.C.A., § 23-3417; Acts 2012 , ch. 798, § 10.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122) › Section 29-26-119 - Damages

(a)
As used in this section, "actual economic losses" means the financial costs incurred by the claimant by reason of the personal injury, including the cost of reasonable and necessary medical care, rehabilitation services, and custodial care.
(b)
In all health care liability actions, the common law collateral source rule is abrogated as specified in this section.
(c)
In a health care liability action, the damages awarded may include, in addition to other elements of damages authorized by law, past and future actual economic losses suffered by the claimant.
(d)
Past actual economic losses are limited to:
(1)
The amounts that have been paid or will be paid by the assets of the claimant or on the claimant's behalf; and
(2)
The amounts the claimant's providers have accepted or will accept as full payment for reasonable and necessary medical care, rehabilitation services, or custodial care, whether pursuant to:
(A)
An agreement with an insurance company or third-party payor;
(B)
The authorized reimbursement rates for a government health insurance program in which the claimant and the provider participate; or
(C)
Any charity, discount program, write-off, gift, or other reason by the provider.
(e)
Actual economic losses will only be limited to the extent that documentation of the reduction is submitted.
Amended by 2024 Tenn. Acts, ch. 852,s 1, eff. 5/1/2024.
Acts 1975, ch. 299, § 18; T.C.A., § 23-3418; Acts 2012 , ch. 798, § 11.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122) › Section 29-26-120 - Attorneys' fees

Compensation for reasonable attorneys' fees in the event an employment contract exists between the claimant and claimant's attorney on a contingent fee arrangement shall be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the court on the basis of time and effort devoted to the litigation by the claimant's attorney, complexity of the claim and other pertinent matters in connection therewith, not to exceed thirty-three and one third percent (33
1
/
3
%) of all damages awarded to the claimant.
Acts 1975, ch. 299, § 19; 1976, ch. 759, § 19; T.C.A., § 23-3419; Acts 2012 , ch. 798, § 12.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-201 - Short title

The title of this part is, and may be cited as, the "Therapist Sexual Misconduct Victims Compensation Act."
Acts 1995, ch. 463, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-202 - Intent

It is the intention of the general assembly to provide victims of sexual misconduct by a therapist with a legal remedy, including significant compensatory damages and a more reasonable statute of limitations. It is intended to prevent sexual misconduct by a therapist by imposing significant liability upon any therapist who engages in this type of misconduct. This is necessary due to the inadequacy of the current system of health care liability where the statute of limitations fails to address the specific problems associated with sexual misconduct by a therapist. This part also clarifies the legal landscape and attempts to prevent most instances of sexual misconduct by making employers liable if they refuse to take simple and reasonable steps to avoid endangering their patients.
Acts 1995, ch. 463, § 2; 2012, ch. 798, § 15.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-204 - Elements

A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred:
(1)
During the time when the patient was receiving therapy from the therapist; or
(2)
After the patient has stopped receiving therapy from the therapist if the patient is still emotionally dependent upon the therapist or the sexual misconduct was the result of deception; or
(3)
Both subdivisions (1) and (2).
Acts 1995, ch. 463, § 4.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-205 - Exceptions

A therapist does not violate §
29-26-204
if the patient is:
(1)
The spouse of the therapist and was married to the therapist prior to the establishment of the therapist-patient relationship; or
(2)
The sexual relationship began prior to the establishment of the therapist-patient relationship.
Acts 1995, ch. 463, § 5.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-206 - Employer liability

(a)
An employer of a therapist may be liable under §
29-26-204
if sexual misconduct occurred as provided in §
29-26-204
, and either of the following applies:
(1)
The employer fails to take reasonable action when the employer knows or has reason to know that the therapist has engaged in sexual misconduct with any patient; or
(2)
The employer fails to make inquiries of a former employer concerning past sexual misconduct of the therapist and the:
(A)
Former employer's name and address has been disclosed to the employer;
(B)
Therapist was employed by the former employer as a therapist within five (5) years of the date of employment as a therapist for the employer and during the period of prior employment the therapist engaged in sexual misconduct.
(b)
An employer or former employer of a therapist may be liable under §
29-26-204
if:
(1)
Sexual misconduct occurred as provided in §
29-26-204
;
(2)
The employer or former employer receives a written request from another employer or prospective employer concerning sexual misconduct by the therapist;
(3)
The employer or prospective employer is considering the therapist for a therapist position; and
(4)
The employer or former employer knows or has reason to know of the sexual misconduct and fails or refuses to disclose to the requesting employer the occurrence of sexual misconduct by the therapist.
(c)
An employer or former employer who gives information concerning sexual misconduct by a therapist when presented with a request for such information by a prospective employer of the therapist is absolved from any legal liability due to the therapist's failure to find employment or damage to the therapist's reputation as a result of the information provided, unless the information is false and the reporting employer knew or should have known that the information was false.
(d)
Nothing in this section is intended to affect in any way the application of employer liability if such liability rests upon negligence by the employer in supervising the therapist or where the scope of employment would encompass the sexual misconduct.
Acts 1995, ch. 463, § 6.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-207 - Evidence of sexual conduct

In an action for sexual misconduct, the victim's sexual history is not admissible as evidence except to prove that the sexual behavior occurred with the therapist prior to the provision of therapy to the patient by the therapist. During discovery, only evidence of the victim's sexual history which is relevant to a determination of the timing of the sexual relationship between the parties is discoverable.
Acts 1995, ch. 463, § 7.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-208 - Statute of limitations

(a)
The statute of limitations in sexual misconduct actions is two (2) years from the date the alleged injury occurred or is discovered, whichever is later. For purposes of this section, discovery of the alleged injury occurs after therapy ends, the victim is no longer emotionally dependent upon the therapist, and the patient knew or should have known that sexual misconduct by a therapist is unprofessional and harmful to the patient.
(b)
Except as provided in subsection (c), no such action shall be brought more than three (3) years after the date of the last communication of any kind between the therapist and the patient.
(c)
Where the sexual misconduct involves a minor, the statute of limitations shall be one (1) year after the minor's eighteenth birthday, except that where subsection (a) or (b) would provide for a longer time in which to bring a claim, the provision that provides the longest time in which to bring a claim applies.
Acts 1995, ch. 463, § 8.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-209 - Damages

The claimant may recover for damages caused by the sexual misconduct. Such damages include, but are not limited to:
(1)
Reasonable economic losses caused by the emotional, mental or physical effects of the sexual misconduct, including, but not limited to:
(A)
The cost of counseling, hospitalization and any other expenses connected with treating the harm caused by the sexual misconduct;
(B)
Any payments made to the therapist for treatment;
(C)
The cost of counseling, hospitalization and any other expenses connected with treating the mental disorder, illness, condition, or symptom for which the patient had sought therapy from the therapist; and
(D)
Loss of income caused by the sexual misconduct;
(2)
Pain and suffering caused by the sexual misconduct, including, but not limited to, psychological and emotional anguish;
(3)
If the victim is dead, the claimant may seek damages for wrongful death where the victim's death is the result of the physical or emotional harm inflicted upon the victim by the sexual misconduct of the therapist; and
(4)
Punitive damages as otherwise provided by law.
Acts 1995, ch. 463, § 9.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210) › Part 2 - THERAPIST SEXUAL MISCONDUCT VICTIMS COMPENSATION (§§ 29-26-201 — 29-26-210) › Section 29-26-210 - Construction

This part is declared to be remedial in nature and this part shall be liberally construed to effectuate its purposes.
Acts 1995, ch. 463, § 10.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-101 - Persons entitled

Any person having an estate of inheritance, or for life, or for years, in lands, and holding or being in possession thereof, as tenant in common or otherwise, with others, is entitled to partition thereof, or sale for partition, under this chapter.
Code 1858, § 3262 (deriv. Acts 1787, ch. 17, § 1; 1789, ch. 24, § 1; 1799, ch. 11, § 1; 1815, ch. 123, § 1; 1853-1854, ch. 48, § 1); Shan., § 5010; Code 1932, § 9165; T.C.A. (orig. ed.), § 23-2101.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-102 - Effect of encumbrance

The fact that the premises are subject to an encumbrance by mortgage or otherwise will not affect the right.
Code 1858, § 3263 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5011; Code 1932, § 9166; Acts 1976, ch. 529, § 6; T.C.A. (orig. ed.), § 23-2102.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-103 - Infancy of owners - Distinctness of interests

Nor will the fact that some of the joint owners are infants, and that it is to their interest that the property should not be partitioned; nor that the several estates and interests of the parties are altogether different and distinct.
Code 1858, § 3264 (deriv. Acts 1853-1854, ch. 48, § 2); Shan., § 5012; Code 1932, § 9167; T.C.A. (orig. ed.), § 23-2103.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-104 - Partial partition - Interest of minors

In these cases the partition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in common; and if there are minors, the court may, in its discretion, leave their shares in common, or set them apart to each in severalty, as may appear to be just, upon the proof introduced.
Code 1858, § 3265 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5013; Code 1932, § 9168; T.C.A. (orig. ed.), § 23-2104.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-105 - Partition of personalty - Possession pending proceeding

(a)
Any two (2) or more persons owning personal property in common may have partition, or sale for partition, thereof, in accord, substantially, with this chapter in respect of realty.
(b)
Where such owners are unable to agree as to possession pending the proceeding, the court may make orders as to possession or leasing thereof.
Code 1932, §§ 9225, 9226; T.C.A. (orig. ed.), § 23-2105.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-106 - Jurisdiction of courts

(a)
The county, circuit, or chancery courts have concurrent jurisdiction of partition cases under this chapter, by bill or petition.
(b)
Nothing in this chapter shall deprive the chancery court of the jurisdiction rightfully belonging to that court over the subject of partition and sales of realty for the purposes of division.
Code 1858, §§ 3266, 3267 (deriv. Acts 1835-1836, ch. 20, § 1; 1849-1850, ch. 185, § 1; 1851-1852, ch. 92, § 1); Shan., §§ 5014, 5015; Code 1932, §§ 9169, 9170; T.C.A. (orig. ed.), §§ 23-2106.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-107 - Venue of actions

The petition may be filed in the court of the county in which the land, or any part of it lies, or in which the defendant resides. If all the claimants join in the petition, or assent to the partition, it may be filed in any county in the state, whether any of the land lies therein or not.
Code 1858, §§ 3268, 3269 (deriv. Acts 1825, ch. 22, § 1); Shan., § 5016, 5017; Code 1932, §§ 9171, 9172; T.C.A. (orig. ed.), § 23-2107.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-108 - Contents of petition

The bill or petition shall set forth, as far as known, the names of the owners, their residences, which of them are infants or married.
Code 1858, § 3270; Shan., § 5018; mod. Code 1932, § 9173; T.C.A. (orig. ed.), § 23-2108.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-109 - Parties

Every person having such interest, whether in possession or otherwise, shall be made a party.
Code 1858, § 3271; Shan., § 5019; Code 1932, § 9174; Acts 1976, ch. 529, § 7; T.C.A. (orig. ed.), § 23-2109.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-110 - Uncertainty of interests

In case any one (1) or more of such parties, or the share or quantity of interest of any of the parties, be unknown to the petitioner, or be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be a contingent remainder, so that such parties cannot be named, the facts shall be set forth in such petition.
Code 1858, § 3272 (deriv. Acts 1855-1856, ch. 164, § 2); Shan., § 5020; Code 1932, § 9175; T.C.A. (orig. ed.), § 23-2110.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 27 - PARTITION (§§ 29-27-101 — 29-27-313) › Part 1 - PARTITION GENERALLY (§§ 29-27-101 — 29-27-123) › Section 29-27-111 - Notice of petition

(a)
Notice of the petition, stating the time it is intended to present it, and the court at which it is to be presented, shall be served upon the parties who do not join in the petition, at least five (5) days before its presentation, or given by publication, as provided in subsection (b).
(b)
If any of the parties defendant are nonresidents or unknown, or of unknown residence, the court, or its clerk, may order and make publication for them, under this Code in like cases in chancery where personal service of process is dispensed with.
Code 1858, §§ 3273, 3275 (deriv. Acts 1799, ch. 11, § 1; 1823, ch. 37, § 1); Shan., §§ 5021, 5023; Code 1932, §§ 9176, 9178; T.C.A. (orig. ed.), §§ 23-2111, 23-2112.