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Wednesday, April 20, 2011

Medical Malpractice: Another Case on Certificates of Good Faith

The Tennessee Court of Appeals issued its opinion yesterday in Robles v. Vanderbilt Univ. Med. Ctr., No. M2010-01771-COA-R3-CV (Tenn. Ct. App. Apr. 19, 2010). Here's the summary from the opinion:

Defendants in medical malpractice action appeal the denial of their motion to set aside order entered on plaintiff’s Tenn. R. Civ. P. 41.01 notice of voluntary dismissal without prejudice. Defendants contend that, because the certificate of good faith required by Tenn. Code Ann. § 29-26-122 was not filed with the complaint, dismissal should have been with prejudice. Finding that Tenn. Code Ann. § 29-26-122 does not limit plaintiff’s right to voluntarily dismiss an action without prejudice under the circumstances presented, we affirm the judgment of the trial court.
Here's a link to the opinion:

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