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Monday, March 31, 2014

New Medical Malpractice Opinion: Court of Appeals Holds That Case Refiled under the Saving Statute Was Not Subject to Dismissal Because Plaintiffs Did Not Resend Presuit Notices Before Refiling the Case

The Tennessee Court of Appeals recently released its opinion in Potter v. Perrigan, No. E2013-01442-COA-R3-CV (Tenn. Ct. App. Mar. 27, 2014).  The summary from the opinion states as follows:
This is a medical malpractice[] action. Plaintiffs timely filed a complaint after properly sending pre-suit notices to Defendants. After voluntarily dismissing the initial complaint, Plaintiffs filed a second complaint pursuant to the saving statute with an attached certificate of good faith and a copy of the original pre-suit notices. Defendants moved to dismiss the second complaint for failure to comply with the notice requirements set out in Tennessee Code Annotated section 29-26-121(a). The trial court agreed and dismissed the action. Plaintiffs appeal. We reverse the decision of the trial court. 
Here is a link to the opinion, to wit:

NOTE: Medical malpractice actions are now known as "health care liability actions" for cases that accrued on or after April 23, 2012.  This case, however, accrued before that date, which is why it is referred to by the old name as explained by footnote 1 of the opinion.

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