The claimant may recover for damages caused by the sexual misconduct. Such damages include, but are not limited to:

(1) Reasonable economic losses caused by the emotional, mental or physical effects of the sexual misconduct, including, but not limited to:

Terms Used In Tennessee Code 29-26-209

  • Claimant: means any of the following:
    (A) The victim. See Tennessee Code 29-26-203
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Patient: means a person who has obtained therapy from a therapist. See Tennessee Code 29-26-203
  • Sexual misconduct: means any of the following, regardless of the consent of the patient:
    (i) Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification. See Tennessee Code 29-26-203
  • Therapist: means any person who performs therapy regardless of whether the person is licensed by the state. See Tennessee Code 29-26-203
  • Therapy: includes , but is not limited to, marital counseling, substance abuse treatment, and family counseling. See Tennessee Code 29-26-203
(A) The cost of counseling, hospitalization and any other expenses connected with treating the harm caused by the sexual misconduct;
(B) Any payments made to the therapist for treatment;
(C) The cost of counseling, hospitalization and any other expenses connected with treating the mental disorder, illness, condition, or symptom for which the patient had sought therapy from the therapist; and
(D) Loss of income caused by the sexual misconduct;
(2) Pain and suffering caused by the sexual misconduct, including, but not limited to, psychological and emotional anguish;
(3) If the victim is dead, the claimant may seek damages for wrongful death where the victim’s death is the result of the physical or emotional harm inflicted upon the victim by the sexual misconduct of the therapist; and
(4) Punitive damages as otherwise provided by law.
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