29-26-116 - Statute of limitations Counterclaim for damages. - Tennessee Statutes

29-26-116. Statute of limitations Counterclaim for damages.

(a)  (1)  The statute of limitations in malpractice actions shall be one (1) year as set forth in § 28-3-104.

     (2)  In the event the alleged injury is not discovered within such one (1) year period, the period of limitation shall be one (1) year from the date of such discovery.

     (3)  In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists.

     (4)  The time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered.

(b)  In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, a counterclaim for damages for malicious prosecution (on the ground that the principal action was instituted with improper intent and without probable cause) or malicious abuse of process (on the ground that there was an improper use with improper intent of the process) in filing such action may be filed and litigated in the same action; provided, that the counterclaim shall be based upon substantial allegations.

[Acts 1975, ch. 299, § 15; 1976, ch. 759, § 16; T.C.A., § 23-3415.]