2024 Tennessee Code
Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-101 — 68-221-1319)
Health (§§ 68-1-101 — 68-60-101)
Chapter 33 - [HEALTH AND WELFARE OF MINORS] (§§ 68-33-101 — 68-33-110)
Section 68-33-105 - Private right of action

• (a)
  • (1) Except as otherwise provided in subdivision (a)(2), a minor, or the parent of a minor, injured as a result of a violation of this chapter, may bring a civil cause of action to recover compensatory damages, punitive damages, and reasonable attorney's fees, court costs, and expenses, against the healthcare provider alleged to have violated § 68-33-103 or any person alleged to have violated § 68-33-104.
  • (2) The parent of a minor injured as a result of a violation of this chapter shall not bring a civil cause of action against a healthcare provider or another person if the parent consented to the conduct that constituted the violation on behalf of the minor.

• (b) The parent or next of kin of a minor may bring a wrongful death action, pursuant to title 20, chapter 5, part 1, against a healthcare provider alleged to have violated § 68-33-103, if the injured minor is deceased and:
  • (1) The minor's death is the result of the physical or emotional harm inflicted upon the minor by the violation; and
  • (2) The parent of the minor did not consent to the conduct that constituted the violation on behalf of the minor.

• (c) If a court in any civil action brought pursuant to this section finds that a healthcare provider knowingly violated § 68-33-103, then the court shall notify the appropriate regulatory authority and the attorney general and reporter by mailing a certified copy of the court's order to the regulatory authority and the attorney general and reporter. Notification pursuant to this subsection (c) shall be made upon the judgment of the court being made final.

• (d) For purposes of subsection (a), compensatory damages may include:
  • (1) Reasonable economic losses caused by the emotional, mental, or physical effects of the violation, including, but not limited to:
    • (A) The cost of counseling, hospitalization, and any other medical expenses connected with treating the harm caused by the violation;
    • (B) Any out-of-pocket costs of the minor paid to the healthcare provider for the prohibited medical procedure; and
    • (C) Loss of income caused by the violation; and
  • (2) Noneconomic damages caused by the violation, including, but not limited to, psychological and emotional anguish.

• (e) Notwithstanding any law to the contrary, an action commenced under this section must be brought:
  • (1) Within thirty (30) years from the date the minor reaches eighteen (18) years of age; or
  • (2) Within ten (10) years of the minor's death if the minor dies.

• (f) This section is declared to be remedial in nature, and this section must be liberally construed to effectuate its purposes.

Added by 2023 Tenn. Acts, ch. 1, s 1, eff. 7/1/2023.