Day on Torts
If you have a potential claim for professional misconduct against a therapist for sexually abusing or inappropriately touching a patient, don’t forget that Tennessee has a special act for such torts.
The act is known as the "Therapist Sexual Misconduct Victims Compensation Act." It is codified at T.C.A. Section 29-26-201 et seq.
Under the Act a therapist is "any person who performs therapy regardless of whether the person is licensed by the state."
The Act also has a longer statute of limitations that traditional tort cases in Tennessee. The statute of limitations is set forth in T.C.A. Section 29-26-208. Generally speaking, the statute of limitations in such claims is two years and is subject to a "discovery rule" but discovery of the injury does not occur until after the therapy ends.