Judgment of Dismissal in a Health Care Liability Action in Tennessee Claims Commission Upheld on Appeal

The Tennessee Court of Appeals has released its decision in Cavaliere v. State, No. M2021-00038-COA-R3-CV (Tenn. Ct. App. Feb. 3, 2022). The slip opinion reads:

This appeal arises from proceedings in the Tennessee Claims Commission and follows a trial concerning care received by the decedent while at the Tennessee State Veterans Home. The Claims Commission ultimately found that the claimants had failed to establish a health care liability claim and therefore dismissed the case. For the reasons stated herein, we affirm the judgment of dismissal.

Here is a link to the opinion: 

https://www.tncourts.gov/sites/default/files/wanda.cavaliere.opn_.pdf.

NOTE: This decision emphasizes just how difficult health care liability actions (f/k/a/ medical malpractice cases) are in Tennessee—especially in the Claims Commission. In addition to the normal issues that arise in these types of cases, this one involves waiver of issues on appeal due to counsel's failure to follow the appellate rules. This decision also offers a good explanation of the standard of review on appeal from Claims Commission cases. This one is worth reading in my humble opinion.