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Friday, April 16, 2010

Medical Malpractice: Court Upholds Dismissal of Plaintiff's Lawsuit for Failure to Comply with Pre-filing Notice Requirements

Today the Eastern Section of the Tennessee Court of Appeals issued its opinion in Long v. Hillcrest Healthcare - West, No. E2009-01405-COA-R3-CV (Tenn. Ct. App. Apr. 16, 2010). Plaintiff contended that the claim sounded in general negligence. However, the trial court and the Court of Appeals held that it sounded in medical negligence, which required its dismissal due to the Plaintiff's failure to comply with the statutorily required pre-filing notice requirements, inter alia.

Here's a link to the majority opinion:

Here's a link to the concurring and dissenting opinion filed by Judge Susano:

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