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Monday, March 31, 2014

New Medical Malpractice Opinion: Court Holds That Case Was Not Subject to Dismissal Due to an Omitted Affidavit at Filing

The Tennessee Court of appeals just issued its opinion in Chambers ex rel. Chambers v. Bradley Cnty., No. E2013-01064-COA-R10-CV (Tenn. Ct. App. Mar. 28, 2014).   
In this medical malpractice[] case, the defendants moved to dismiss the complaint with prejudice on the grounds that plaintiff failed to file, with his complaint, the affidavit of the person who mailed pre-suit notice to the defendants. The trial court, noting that plaintiff complied with Tenn. Code Ann. § 29-26-121 (Supp. 2013) in every respect except for filing the affidavit, and that he filed the affidavit shortly after the complaint, denied the motion to dismiss on the ground that plaintiff had substantially complied with the statute. We affirm the judgment of the trial court. 
Here's 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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