QUESTION

statute of limitations after discovery of malpractice

Asked on May 16th, 2013 on Medical Malpractice - Tennessee
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1 ANSWER

In Tennessee, I believe you only have 1 year.  See the below code section for further information.  However, you are encouraged to check with a local attorney in your area to confirm this as there maybe particular facts/circumstances that can alter this.  Best of luck! Tenn. Code Ann. § 28-3-104 (2012)28-3-104. Personal tort actions. (a) The following actions shall be commenced within one (1) year after the cause of action accrued:(1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise;(2) Actions and suits against attorneys or licensed public accountants or certified public accountants for malpractice, whether the actions are grounded or based in contract or tort;(3) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and(4) Actions for statutory penalties.(b) For the purpose of this section, in products liability cases:(1) The cause of action for injury to the person shall accrue on the date of the personal injury, not the date of the negligence or the sale of a product;(2) No person shall be deprived of the right to maintain a cause of action until one (1) year from the date of the injury; and(3) Under no circumstances shall the cause of action be barred before the person sustains an injury.HISTORY: Code 1858, § 2772 (deriv. Acts 1715, ch. 27, § 5); Shan., § 4469; mod. Code 1932, § 8595; Acts 1967, ch. 283, § 1; 1969, ch. 28, § 1; 1969, ch. 293, §§ 1, 2; 1972, ch. 669, § 1; T.C.A. (orig. ed.), § 28-304; Acts 1990, ch. 970, § 2; 1990, ch. 1056, § 2. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.     
Answered on May 21st, 2013 at 9:52 AM

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