Monthly Archives: May 2015

Zero Is Not a Number For Purposes of Tennessee’s Health Care Liability Act, Says Tennessee Supreme Court

By Daniel A. Horwitz

Is zero a number?  The age-old question has frequently engendered debate among mathematicians, logicians and philosophers.  When it comes to disclosing past violations of the “certificate of good faith” requirement  of Tennessee’s Health Care Liability Act, however, the Tennessee Supreme Court has officially spoken:  No, zero is not a number, and if a person has never previously violated Tenn. Code Ann. § 29-26-122, then the person has nothing to disclose.

Under Tennessee law, litigants who file claims for medical malpractice – now known as “health care liability actions” – are generally required to file a “certificate of good faith” with their complaint.  See Tenn. Code Ann. § 29-26-122(a) (“In any health care liability action in which expert testimony is required by § 29-26-115, the plaintiff or plaintiff’s counsel shall file a certificate of good faith with the complaint.”).  The primary purpose of the certificate of good faith requirement is to prevent people from filing frivolous lawsuits against doctors and health care providers.[1]  As a result, anyone who wants to sue a doctor or a health care provider under the Health Care Liability Act is required to Continue reading Zero Is Not a Number For Purposes of Tennessee’s Health Care Liability Act, Says Tennessee Supreme Court