§ 56-54-101 Short Title
§ 56-54-102 Legislative Intent — Use of Information
§ 56-54-103 Chapter Definitions
§ 56-54-104 Applicability of Chapter
§ 56-54-105 Claims — Report
§ 56-54-106 Contents of Report
§ 56-54-107 Confidentiality of Information
§ 56-54-108 Cost of Implementation
§ 56-54-109 Violations — Civil Penalties — Hearing — Costs
§ 56-54-110 Adoption of Rules
§ 56-54-111 Annual Report

Terms Used In Tennessee Code > Title 56 > Chapter 54 - Tennessee Health Care Liability Reporting Act

  • Adult: means any person eighteen (18) years of age or older. See Tennessee Code 37-1-102
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Child: means :
    1. A person under eighteen (18) years of age. See Tennessee Code 37-1-102
    2. Claim: means :
      1. A demand for monetary damages for injury or death caused by health care liability. See Tennessee Code 56-54-103
      2. Claimant: means a person, including a decedent's estate, that is seeking or has sought monetary damages for injury or death caused by health care liability. See Tennessee Code 56-54-103
      3. Closed claim: means a claim that has been settled or otherwise disposed of by the insuring entity, self-insurer, facility or provider. See Tennessee Code 56-54-103
      4. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-54-103
      5. Companion claims: means separate claims involving the same incident of health care liability made against other providers or facilities. See Tennessee Code 56-54-103
      6. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
      7. Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102
      8. Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
      9. Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
      10. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      11. Decedent: A deceased person.
      12. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      13. Delinquent act: means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to § 55-10-101, driving while under the influence of an intoxicant or drug, vehicular homicide or any other traffic offense classified as a felony. See Tennessee Code 37-1-102
      14. Department: means the department of commerce and insurance. See Tennessee Code 56-1-102
      15. Department: means the department of children's services. See Tennessee Code 37-1-102
      16. Dependent: A person dependent for support upon another.
      17. Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102
      18. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      19. 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. See Tennessee Code 56-54-103
      20. 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. See Tennessee Code 56-54-103
      21. Felony: A crime carrying a penalty of more than a year in prison.
      22. Financial obligations: means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution. See Tennessee Code 37-1-102
      23. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
      24. Health care liability: means an actual or alleged negligent act, error, or omission in providing or failing to provide health care services. See Tennessee Code 56-54-103
      25. Insuring entity: means :
        1. An authorized insurer. See Tennessee Code 56-54-103
        2. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
        3. Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
        4. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
        5. 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. See Tennessee Code 56-54-103
        6. Nonjudicial days: means Saturdays, Sundays and legal holidays. See Tennessee Code 37-1-102
        7. Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Tennessee Code 56-16-102
        8. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
        9. Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
        10. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
        11. Preliminary inquiry: means the process established by the Rules of Juvenile Practice and Procedure that is used to commence proceedings and to resolve complaints by excluding certain matters from juvenile court at their inception. See Tennessee Code 37-1-102
        12. Probable cause: A reasonable ground for belief that the offender violated a specific law.
        13. Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102
        14. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
        15. Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
        16. Property: includes both personal and real property. See Tennessee Code 1-3-105
        17. Protective supervision: means supervision ordered by the court of children found to be dependent or neglected or unruly. See Tennessee Code 37-1-102
        18. provider: means :
          1. 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. See Tennessee Code 56-54-103
          2. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
          3. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
          4. Restitution: means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense. See Tennessee Code 37-1-102
          5. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
          6. Self-insurer: means any health care provider, facility, or other individual or entity that assumes operational or financial risk for claims of health care liability. See Tennessee Code 56-54-103
          7. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
          8. Shelter care: means temporary care of a child in physically unrestricted facilities. See Tennessee Code 37-1-102
          9. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          10. Subpoena: A command to a witness to appear and give testimony.
          11. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
          12. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
          13. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          14. Unruly child: means a child in need of treatment and rehabilitation who:
            1. Habitually and without justification is truant from school while subject to compulsory school attendance under § 49-6-3007. See Tennessee Code 37-1-102
            2. Verdict: The decision of a petit jury or a judge.
            3. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
            4. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105