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HB 1872

Healthcare Liability - As introduced, creates a civil cause of action against a healthcare professional by a person who suffered an injury that resulted from certain medical procedures if the reason the person, or the person's parent, guardian, or legal representative, consented to the medical procedure was due in whole or in part to coercion by the healthcare professional. - Amends TCA Title 29; Title 63 and Title 68.

114th Regular Session (2025-2026) Introduced by Jason Zachary

Creates civil liability for healthcare providers who coerce patients into medical procedures, allowing lawsuits regardless of whether the procedure itself was medically sound.

H. Placed on Regular Calendar for 4/2/2026
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Bill Summary · HB 1872

Legislative bill overview

HB 1872 would create a new civil lawsuit right allowing patients to sue healthcare professionals if they can demonstrate they were coerced into undergoing medical procedures. The bill modifies Tennessee's healthcare liability laws across three state code sections to establish this cause of action and define the legal standards around what constitutes coercion in medical consent situations.

Why is this important

This bill would significantly expand healthcare liability by introducing "coercion" as a basis for medical malpractice claims, potentially affecting how healthcare providers obtain informed consent and document patient decision-making. It could increase litigation costs for healthcare providers and insurance, which may impact healthcare accessibility and costs, while also potentially providing recourse for patients who felt pressured into unwanted procedures.

Potential points of contention

  • Defining coercion: The bill doesn't specify what constitutes "coercion," leaving this definition to courts, which could create uncertainty for healthcare providers about compliant consent practices and lead to inconsistent legal outcomes
  • Scope and burden of proof: It's unclear whether patients must prove coercion was the sole reason for consent or merely a reason, and what evidence standard applies—this ambiguity could lead to frivolous lawsuits or conversely, prevent legitimate claims from succeeding
  • Impact on healthcare delivery: Broader liability exposure may cause providers to become overly cautious in recommending necessary procedures, increase malpractice insurance premiums, or discourage certain medical specialties, potentially reducing patient access to care

Compiled from official sources — confirm details with the bill’s official record.

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