§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.

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