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Friday, February 24, 2017

New Health Care Liability Action Opinion: Trial Court's Dismissal of Action Upheld on Appeal Due to Ineffective HIPAA Authorization

The Tennessee Court of Appeals recently issued its opinion in Rush v. Jackson Surgical Assocs., P.A., W2016-01289-COA-R3-CV (Tenn. Ct. App. Feb. 13, 2017).  The syllabus from the slip opinion states as follows:
This is a healthcare liability action. After sustaining injuries as a result of alleged surgical error, Appellant filed this action against the surgeon and his medical group. Appellees moved to dismiss the action for failure to comply with the notice requirement of Tennessee Code Annotated Section 29-26-121(a)(2)(E). The trial court granted the motion to dismiss, and Appellant appeals. Discerning no error, we affirm and remand.
Here's a link to the slip opinion:

NOTE: The syllabus is short and sweet and you have to read the opinion to get an idea of why the case was dismissed.  However, I direct you to my blog post of Nov. 19, 2016, which supports my belief that defendants in a health care liability action do not need a HIPAA-compliant authorization to review a patient's PHI/medical records, and, as result, cannot be "prejudiced" by not getting such an authorization as part of a claimant's presuit notice, to wit: 

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