Search This Blog

Friday, August 10, 2012

Medical Malpractice: Another Opinion on Presuit Notice and the Saving Statute

The Tennessee Court of Appeals (Western Section) recently issued its opinion in Childs v. UT Medical Group, Inc., No. W2011-01901-COA-R3-CV (Tenn. Ct. App. August 8, 2012).  The opinion discusses the interplay between the newly enacted presuit notice provisions to medical malpractice claims and the saving statute.  Here's the summary from the slip opinion:
Plaintiffs filed a voluntary notice of nonsuit in this medical malpractice action in July 2009.  They refiled their claim in September 2010. The trial court dismissed Plaintiffs’ claim for failure to comply with Tennessee Code Annotated § 29-26-121 Plaintiffs appeal. We affirm.
Here's a link to the opinion:

No comments: