In this health care liability case, the defendants moved to dismiss the complaint on the grounds that the plaintiff failed to comply with Tenn. Code Ann. § 29-26-121, part of Tennessee‟s Health Care Liability Act. Specifically, the defendants argue that the plaintiff failed to provide a statement in the pleadings that he complied with Tenn. Code Ann. § 29-26-121(a), failed to file, with the complaint, documentation demonstrating compliance with Tenn. Code Ann. § 29-26-121(a), failed to file, with the complaint, an affidavit of the person who mailed pre-suit notice to the defendants, and failed to provide a HIPAA compliant medical authorization form. The trial court dismissed the case. We have reviewed the record and find that the plaintiff failed to substantially comply with Tenn. Code Ann. § 29-26-121(b). We affirm the judgment of the trial court.
Tuesday, September 27, 2016
New Health Care Liability Action Opinion: Plaintiff's Case Dismissed Due to Failure to Comply with Presuit and Filing Requirements
The Tennessee Court of Appeals recently issued its opinion in Travis v. Cookeville Regional Medical Center, No. M2015-01989-COA-R3-CV (Tenn. Ct. App. Sept. 21, 2016). The syllabus from the slip opinion states as follows:
Here is a link to the slip opinion: http://www.tncourts.gov/sites/default/files/travist.opn_.pdf