Search This Blog

Tuesday, June 09, 2015

New Health Care Liability Action Opinion: Trial Court's Dismissal of Plaintiffs' Case Due to a "Defective" HIPAA Authorization Overturned on Appeal

The Tennessee Court of Appeals recently released its opinion in Hughes v. Henry Cnty. Med. Ctr., No. W2014-01973-COA-R3-CV (Tenn. Ct. App. Jun. 9, 2015).  The slip opinion states as follows:
This is a healthcare liability action, arising from alleged injuries to Appellant, Melba Hughes. Mrs. Hughes' husband, Robert Hughes, filed this action against Appellee, Henry County Medical Center (“HCMC”), and Dr. Donald Gold, who is not a party to this appeal. Appellees moved to dismiss the action for failure to comply with the notice requirement of Tennessee Code Annotated Section 29-26-121. Specifically, Appellee challenged whether the medical authorization provided with the pre-suit notice letter was compliant with Tennessee Code Annotated 29-26-121(a)(2)(E). An error in the medical authorization form provided to HCMC did not permit HCMC to obtain medical records from Dr. Gold. However, Dr. Gold saw the patient only at HCMC, and he had no records independent of the hospital‟s records. Following a hearing on the motion, the trial court dismissed the action without prejudice. Mr. and Mrs. Hughes timely filed their appeal. We reverse and remand the matter to the trial court.
Here is a link to the opinion:

No comments: