Search This Blog

Thursday, March 07, 2013

Tennessee Court of Appeals Affirms Trial Court's Dismissal of Medical Malpractice Case Due to Plaintiff's Counsel's Failure to Comply with New Tort "Deform" Law

The Tennessee Court of Appeals recently affirmed a trial court's dismissal of a plaintiff's medical malpractice case (n.k.a. a "health care liability action") due to the plaintiff's counsel's failure to comply with the new tort "deform" law.  The case is Vaughn v. Mountain States Health Alliance, No. E2012-01042-COA-R3-CV (Tenn. Ct. App. Mar. 5, 2013).  The summary from the slip opinion states as follows:
The plaintiff filed a medical malpractice action against numerous healthcare providers. The defendants moved to dismiss the complaint based on the plaintiff’s failure to comply with Tennessee Code Annotated sections 29-26-121 and -122. The trial court granted the motions and dismissed the action with prejudice. The plaintiff appeals. We affirm.
Here's a link to the opinion: