New Health Care Liability Action Opinion: Dismissal of Representaitve Plaintiffs' Claims by Trial Court Upheld on Appeal Due to Their Failure to Provide HIPAA-complaint Authorization as Required by Tenn. Code Ann. sec. 29-26-121(a)(2)(E)

The Tennessee Supreme Court just released its opinion in Dolman v. Donovan, No. W2015-00392-COA-R3-CV (Tenn. Ct. App. Dec. 23, 2015).  Here is the summary from the opinion:

This is a healthcare liability action arising from the death of the decedent, Melinda Dolman.  Appellants, daughters of the decedent, filed this action against Appellees, Timothy Donovan, M.D., Brixey Shelton, M.D., Memphis Vascular Center, Memphis Radiological, P.C., and Memphis LeBonheur Healthcare. Appellees moved to dismiss the action for failure to comply with the notice requirement of Tennessee Code Annotated section 29-26-121.  Specifically, Appellees challenged whether the medical authorization provided with the presuit notice letter was compliant with Tennessee Code Annotated section 29-26-121(a)(2)(E).  Following a hearing on the motion, the trial court agreed with Appellees and dismissed the action. Appellants timely appealed. We affirm and remand.

Here is a link to the opinion:

https://www.tba.org/sites/default/files/melindadolman_122215.pdf