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Tuesday, November 23, 2010

Medical Malpractice: Plaintiffs' Claim Dismissed Due to Failure to Comply with New Law on Notice and Certificates of Good Faith

The Tennessee Court of Appeals released its opinion today in Martins v. Williamson Cnty. Med. Ctr., No. M2010-00258-COA-R3-CV (Tenn. Ct. App. Nov. 22, 2010). Here's a summary of the case from the syllabus, to wit:

Katrina B. Martins and her husband filed suit against Williamson Medical Center for injuries sustained when Ms. Martins fell in her hospital room. The trial court held that the complaint stated a claim based on medical malpractice and dismissed the lawsuit for failure to comply with the Tennessee Medical Malpractice Act. Plaintiffs appeal, asserting that the complaint sounded in common law negligence. We affirm.
Here's a link to the opinion:

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