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§47.6 Certificate of Good Faith Requirement

Author's Note : Effective October 1, 2008, a patient was required to give formal notice to defendants before filing a medical malpractice case and required to file a certificate of good faith after filing suit. There were numerous problems with the legislation, and new legislation was passed and became effective July 1, 2009. The 2009 legislation is codified at T.C.A. §29-26-121 and 122. At the time this book went to press, there were no cases interpreting the notice or certificate of good faith requirement. Those contemplating filing a medical malpractice case may find it helpful to read the author's article, "The New New Medical Malpractice Notice and Certificate of Good Faith Statutes," Tennessee Bar Journal¸ Vol. 45, No. 7 (July 2009). The article is available at no charge at www.tba.org.

The 2009 legislation modified a significant section of the certificate of good faith requirement in §29-26-122 (the certificate now must be filed at the time suit is filed but if notice is properly given the statute of limitations is extended by 120 days) but the article referenced above does not otherwise contain an extensive discussion of the certificate of good faith requirement or the implications of a finding that a lawsuit was not filed in good faith. To learn more about those subject, the author suggests that you read Rebecca Blair's article "New Law May Reduce Frivolous Suits but Make Valid Claims More Difficult," Tennessee Bar Journal, Vol. 44, No. 9 (October 2008). The article is available at no charge at www.tba.org.

After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.

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The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

To order a copy of the book, visit www.dayontortsbook.com. John also blogs regularly on key issues for tort lawyers. To subscribe to the Day on Torts blog, visit www.dayontorts.com.

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