56-54-103 - Chapter definitions. - Tennessee Statutes

56-54-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Claim” means:

          (A)  A demand for monetary damages for injury or death caused by medical malpractice; or

          (B)  A voluntary indemnity payment for injury or death caused by medical malpractice;

     (2)  “Claimant” means a person, including a decedent's estate, that is seeking or has sought monetary damages for injury or death caused by medical malpractice;

     (3)  “Closed claim” means a claim that has been settled or otherwise disposed of by the insuring entity, self-insurer, facility or provider. A claim may be closed with or without an indemnity payment to a claimant;

     (4)  “Commissioner” means the commissioner of commerce and insurance;

     (5)  “Companion claims” means separate claims involving the same incident of medical malpractice made against other providers or facilities;

     (6)  “Economic damages” means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, and loss of business or employment opportunities;

     (7)  “Health care facility” or “facility” means an entity licensed under title 68, including a clinic, diagnostic center, hospital, laboratory, mental health center, nursing home, office, surgical facility, treatment facility, or similar place where a health care provider provides health care to patients;

     (8)  “Health care provider” or “provider” means:

          (A)  A person licensed in either title 63, except chapter 12, or title 68 to provide health care or related services, including, but not limited to, an acupuncturist, a physician, a surgeon, an osteopathic physician, a dentist, a nurse, an optometrist, a podiatrist, a chiropractor, a physical therapist, a psychologist, a pharmacist, an optician, a physician assistant, a certified professional midwife, an orthopedic physician assistant, or a nurse practitioner. If the person is deceased, this includes the person's estate or personal representative; or

          (B)  An employee or agent of a person described in subdivision (8)(A), acting in the course and scope of the employee's or agent’s employment. If the employee or agent is deceased, this includes the employee’s or agent’s estate or personal representative;

     (9)  “Insuring entity” means:

          (A)  An authorized insurer;

          (B)  A captive insurer;

          (C)  A joint underwriting association;

          (D)  A patient compensation fund;

          (E)  A risk retention group; or

          (F)  An unauthorized insurer that provides surplus lines coverage;

     (10)  “Medical malpractice” means an actual or alleged negligent act, error, or omission in providing or failing to provide health care services;

     (11)  “Noneconomic damages” means subjective, nonmonetary losses, including pain, suffering, inconvenience, mental anguish, disability, or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, humiliation and injury to reputation, and destruction of the parent-child relationship; and

     (12)  “Self-insurer” means any health care provider, facility, or other individual or entity that assumes operational or financial risk for claims of medical malpractice.

[Acts 2008, ch. 1009, § 4.]