For those of you that haven't heard, and who have followed Callaway, here's the link to the per curiam order of the Tennessee Supreme Court regarding the petition to rehear, inter alia:
http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/062/calawayord.pdf
For purposes of explanation, Calaway held that a minor's medical malpractice claim is not tolled during minority. Based upon prior case law, most everyone familiar with Tennessee law thought minors' claims were tolled. Justice Barker writing for the Court held that this was a matter for the legislature because the Tennessee Medical Malpractice Act does not allow for tolling of such a claim.
http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/062/calawayord.pdf
For purposes of explanation, Calaway held that a minor's medical malpractice claim is not tolled during minority. Based upon prior case law, most everyone familiar with Tennessee law thought minors' claims were tolled. Justice Barker writing for the Court held that this was a matter for the legislature because the Tennessee Medical Malpractice Act does not allow for tolling of such a claim.
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