Medical Malpractice: New Case on Certificates of Good Faith

The Tennessee Court of Appeals issued its opinion on Friday in Barnett v. Elite Sports Med., No. M2010-00619-COA-R3-CV (Tenn. Ct. App. Dec. 17, 2010). The opinion addresses our state's relatively new law on certificates of good faith. The summary from the opinion states as follows:

In this case, we are asked to decide whether an amendment to Tenn. Code Ann. § 29-26-122, which became effective July 1, 2009, and requires the plaintiff in a medical malpractice action to file a certificate of good faith at the time of filing suit, was properly applied to an action initiated prior to the effective date of the amendment, voluntarily dismissed and refiled after the effective date. We also consider whether the requirement that the plaintiff file a certificate of good faith applies to an action for medical battery. We affirm the judgment in part, reverse in part, and remand the case for further proceedings.

Here's a link to the opinion:

http://www.tsc.state.tn.us/OPINIONS/TCA/PDF/104/Pamela%20Ann%20Barnett%20v%20Elite%20Sports%20Medicine%20Opn.pdf