US Lawyer Database

§ 29-34-708. Qualified Physician for Purposes of Report — Findings Required

The trial court, in its discretion, may allow a physician who meets the other requirements of this part but does not meet the time and revenue requirements under § 29-34-702(24)(B) to be considered a qualified physician and submit a report required by this part if the trial court makes an evidentiary finding, after all parties […]

§ 29-34-608. Failure to Provide Information — Sanctions

A plaintiff who fails to provide all of the information required under this part is subject to sanctions as provided in the Tennessee Rules of Civil Procedure and any other relief for the defendant, or defendants, that the court considers just and proper.

§ 29-34-702. Part Definitions

As used in this part: “AMA Guides to the Evaluation of Permanent Impairment” means the American Medical Association’s Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of any examination or test on the exposed person required under this part; “Asbestos” has the same meaning as defined in § […]

§ 29-34-703. Medical Report — Evidence Requirements — Class Actions

A plaintiff in an asbestos action alleging a nonmalignant condition shall file within ninety (90) days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of this […]

§ 29-34-704. Prerequisite of Prima Facie Showing

No asbestos action related to an alleged nonmalignant asbestos-related condition may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The plaintiff shall make a prima facie showing of claim for each defendant and include a […]

§ 29-34-705. Requirements for Medical Examinations and Testing

Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this part, shall: Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA’s Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of […]