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Tuesday, March 01, 2016

New Health Care Liability Action Opinion: Trial Court's Grant of Summary Judgment to One Defendant Reversed on Appeal Due to the Application of the Discovery Rule

The Tennessee Court of Appeals just issued its opinion in Rogers v. Blount Mem'l Hosp., Inc., No. E2015-00136-COA-R3-CV (Tenn. Ct. App. Feb. 29, 2016).  The summary from the opinion states as follows:
This appeal involves a health care liability action filed by the plaintiff against Blount Memorial Hospital, Inc. (“BMHI”) and the doctor who treated the plaintiff at BMHI from September 8, 2012, to September 13, 2012. The plaintiff filed his complaint on December 13, 2013, alleging that the defendant doctor had misdiagnosed his illness, causing a delay in treatment and resultant permanent injuries. Both defendants filed motions to dismiss, which were converted into motions for summary judgment with the filing of additional affidavits. The trial court granted summary judgment in favor of BMHI based on, inter alia, the applicable statute of limitations and BMHI's immunity as a governmental entity. The court subsequently granted summary judgment to the defendant doctor based on the statute of limitations. The plaintiff timely appealed. Determining that a genuine issue of material fact exists regarding when the plaintiff was aware of facts sufficient to place him on notice that his injury was allegedly the result of the defendant doctor's wrongful conduct, we conclude that summary judgment was improperly granted to the defendant doctor. We affirm the trial court‟s grant of summary judgment in favor of BMHI.
Here is a link to the opinion:

Just Swiney issued a separate concurring opinion also, which can be found at this link:

NOTE: This opinion offers a good discussion of the discovery rule in health care liability actions.

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