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Tuesday, July 08, 2014

Another Health Care Liability Action Opinion: Plaintiff's Case Dismissed Due to Running of Statute of Limitations That Was Not Extended by Presuit Notice That Was Transmitted in a Manner Proscribed by Statute

The Tennessee Court of Appeals recently issued its opinion in Arden v. Kozawa, No. E2013-01598-COA-R3-CV (Tenn. Ct. App. Jun. 18, 2014).  The summary from the opinion states as follows:
The plaintiff, as surviving spouse, appeals the trial court’s dismissal of his health care liability action against the defendant doctor who treated the plaintiff’s wife prior to her death and the hospital wherein the treatment occurred. The trial court granted the defendants’motions for summary judgment based upon the plaintiff’s failure to strictly comply with the pre-suit notice requirements of Tennessee Code Annotated § 29-26-121 (Supp. 2013). We reverse the trial court’s ruling that the plaintiff had to strictly comply with the provisions of the notice requirement and conclude that the plaintiff substantially complied with said requirement. We affirm, however, the trial court’s ruling that the plaintiff could not rely upon the statutory 120-day extension of the statute of limitations due to his failure to properly serve the notice. We therefore affirm the trial court’s dismissal of the plaintiff’s claims as barred by the statute of limitations.
Here is a link to the opinion:

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