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Thursday, June 26, 2014

New Health Care Liability Opinion: Court Holds Plaintiffs Failed to Comply with the Onerous Presuit Notice Requirements; Lawsuit Dimisssed

The Tennessee Court of Appeals from the Eastern Section just released its opinion in Roberts v. Prill, No. E2013-02202-COA-R3-CV (Tenn. Ct. App. Jun. 26, 2014).  The summary from the opinion states as follows:
This is a health care liability[] action arising from the death of Decedent. Defendants moved to dismiss the action for failure to comply with the notice requirements set out in Tennessee Code Annotated section 29-26-121(a)(2)(E). The trial court agreed and dismissed the action without prejudice. Plaintiff appeals the dismissal to this court. We affirm the trial court’s dismissal. 
Here is a link to the opinion:

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