This appeal asks whether a wife‘s loss of consortium claim, brought pursuant to her husband‘s underlying health care liability action, is itself a health care liability action subject to the pre-suit notice provision of the Tennessee Health Care Liability Act. The trial court granted the hospital‘s motion to dismiss, finding that the wife‘s claim was a health care liability action under the Act and that she had failed to comply with the pre-suit notice provision. As an alternative ground for dismissal, the court also found that the wife had failed to file suit within the statute of limitation. We vacate the trial court‘s order of dismissal with prejudice and remand.
Tuesday, March 31, 2015
New Health Care Liability Action Opinion: A Spouse's Loss-of-consortium Claim and Presuit Notice
The Tennessee Court of Appeals recently issued its opinion in Igou v. Vanderbilt Univ., No. M2013-02837-COA-R3-CV (Tenn. Ct. App. Mar. 27, 2015). This opinion has to do with a spouse's derivative loss-of-consortium claim in conjunction with a health care liability action. The summary from the opinion states as follows:
Here is a link to the opinion: