Tennessee Code Annotated

Title 29: Remedies and Special Proceedings

Chapter 26: Medical Malpractice

Part 1: General Provisions

TCA 29-26-119: Damages.

In a health care liability action in which liability is admitted or established, the damages awarded may include (in addition to other elements of damages authorized by law) actual economic losses suffered by the claimant by reason of the personal injury, including, but not limited to, cost of reasonable and necessary medical care, rehabilitation services, and custodial care, loss of services and loss of earned income, but only to the extent that such costs are not paid or payable and such losses are not replaced, or indemnified in whole or in part, by insurance provided by an employer either governmental or private, by social security benefits, service benefit programs, unemployment benefits, or any other source except the assets of the claimant or of the members of the claimant's immediate family and insurance purchased in whole or in part, privately and individually.

History: Acts 1975, ch. 299, SC 18; T.C.A., SC 23-3418; Acts 2012, ch. 798, SC 11.