The plaintiff in this interlocutory appeal filed a complaint asserting health care liability claims against the original defendants, at which time she included a certificate of good faith in accordance with Tennessee Code Annotated section 29-26-122. The original defendants asserted comparative fault against non-party health care providers. The plaintiff waived compliance by the original defendants with section 29-26-122(b), which required the defendants to file a certificate of good faith regarding the non-party health care providers. The plaintiff thereafter amended her complaint to add the named non-party health care providers as new defendants but did not file a new certificate of good faith. The new defendants moved to dismiss the amended complaint. The trial court denied the motions and granted this interlocutory appeal. We reverse.
Tuesday, January 20, 2015
New Health Care Liability Action Opinion: Effect of a Plaintiff's Waiver of a Defendant Having to File a Certificate of Good Faith When That Defendant Alleges Fault Against a Nonparty That Is Sued Based upon Defendant's Allegation of Fault
On December 30, 2014, the Tennessee Court of Appeals issued its opinion in Sirbaugh v. Vanderbilt Univ., No. M2014-00153-COA-R9-CV (Tenn. Ct. App. Dec. 30, 2014). This opinion has to do with the effect of a waiver by the plaintiff of the defendant having to file a certificate of good faith when the defendant alleges fault against a nonparty health care provider.
The summary from the opinion states as follows:
Here's a link to the opinion: