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Friday, September 30, 2011

Medical Malpractice: Court Holds Re-filed Case Subject to New Laws and Dismisses It Because They Weren't Complied with by the Plaintiff

The Court of Appeals recently issued its opinion in Cude v. Herren, No. W2010-01425-COA-R3-CV (Tenn. Ct. App. Sept. 26, 2011). The court held that the plainitff had to comply with the new medical malpractice laws on pre-suit notice and certificates of good faith in a case re-filed under the saving statute, even though those laws did not apply when the case accrued.

Here's the summary of the case from the opinion:

The trial court dismissed Plaintiff’s re-filed suit for failure to comply with the 60-day notice and certificate of good faith requirements set out in the Medical Malpractice Act. Because we find such requirements applicable to Plaintiff’s suit and no extraordinary cause to excuse her non-compliance, we affirm the trial court’s dismissal.

Here's a link to the opinion:

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