Medical Malpractice: Summary Judgment for Defense Reversed and Trial Court Order to Exercise Its Discretion to Determine If "Extraordinary Cause" Exists Upon Remand

Yesterday, the Western Section of the Tennessee Court of Appeals issued its opinion in Hawkins v. Martin, No. W2011-02318-R3-CV (Tenn. Ct. App. Jul. 24, 2012).  The summary from the opinion states as follows:

The trial court granted Defendants’ motion to dismiss in this medical malpractice action where Plaintiff failed to attach a HIPPA compliant medical authorization to her notice to Defendants prior to filing her complaint as required by Tennessee Code Annotated § 29-26-121. Plaintiff appeals. We vacate and remand for further proceedings.

Here's a link to the opinion:

http://www.tncourts.gov/sites/default/files/hawkinsdeborahmasonopn.pdf