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Tuesday, March 31, 2015

New Health Care Liability Opinion: Plaintiffs' Failure to File Certificate of Good Faith Leads to a Dismissal of Their Case with Prejudice

The Tennessee Court of Appeals recently issued its opinion in Dennis v. Smith, No. E2014-00636-COA-R3-CV (Tenn. Ct. App. Mar. 31, 2015).  The summary from the opinion states as follows:
Linda Dennis and Creed Dennis [] filed a healthcare liability action against Dr. Robert G. Smith [] and others. Defendant filed a motion to dismiss. After a hearing, the Circuit Court for Knox County [] dismissed Plaintiffs’ claims after finding and holding, inter alia, that Plaintiffs had failed to comply with Tenn. Code Ann. §§ 29-26-121 and 29-26-122. Plaintiffs appeal the dismissal of their claims to this Court. We find and hold that because Plaintiffs failed to comply with Tenn. Code Ann. § 29-26-122, their action was subject to dismissal with prejudice upon motion. We, therefore, affirm the Trial Court’s dismissal of Plaintiffs’ claims.
Here is a link to the opinion:

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