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Tuesday, July 21, 2015

New Health Care Liability Action Opinion: Trial Court's Allowance of a Nonsuit to Cure Noncompliance with Presuit Notice Requirements Upheld on Appeal

The Tennessee Court of Appeals just issued its opinion in Phillips v. Casey, No. E2014-01563-COA-R9-CV (Tenn. Ct. App. Jul. 21, 2015).  The summary from the opinion states as follows:
This is a health care liability action. The plaintiff‟s late husband died following a bilateral tonsillectomy surgery. An autopsy determined that the cause of death was angioedema. The plaintiff filed suit against the defendants exactly one year after her husband‟s death. The complaint did not comply with the pre-suit notice requirements for health care liability suits. The plaintiff voluntarily dismissed the suit without prejudice and re-filed suit. The defendants moved to dismiss, claiming that the re-filed suit was barred. The trial court denied the motion to dismiss and a subsequent motion to reconsider but granted permission to file an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. We granted permission to appeal and now affirm the decision of the trial court.
(Footnote omitted.)

Here is a link to the opinion:

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