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Thursday, December 03, 2015

New Health Care Liability Action Opinion: Court of Appeals Upholds Trial Court's Dismissal Due to Failure to Comply with Presuit Notice Requirements

The Tennessee Court of Appeals just issued its opinion in Bray v. Khuri, No. W2015-00397-COA-R3-CV (Tenn. Ct. App. Dec. 3, 2015).  The summary of the opinion states as follows:
This is a health care liability action arising from decedent’s death.  Appellant filed this action against Dr. Radwan Khuri. Dr. Khuri moved to dismiss this action for failure to comply with the notice requirement of Tennessee Code Annotated section 29-26-121 et seq. Specifically, Dr. Khuri challenged whether the medical release provided with the pre-suit notice letter was compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The trial court agreed with Dr. Khuri and dismissed the action with prejudice. Appellant timely appealed. We affirm.
Here is a link to the opinion:

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