New Laws Effective in Tennessee in 2015

Jan. 1, 2015:

http://www.capitol.tn.gov/legislation/publications/1-1-2015%20effective.pdf

Jul. 1, 2015:

http://www.capitol.tn.gov/legislation/publications/07-01-2015%20effective.pdf

New Health Care Liability Action Opinion: Trial Court's Dismissal of Plaintiffs' Case Due to a "Defective" HIPAA Authorization Overturned on Appeal

The Tennessee Court of Appeals recently released its opinion in Hughes v. Henry Cnty. Med. Ctr., No. W2014-01973-COA-R3-CV (Tenn. Ct. App. Jun. 9, 2015).  The slip opinion states as follows:

This is a healthcare liability action, arising from alleged injuries to Appellant, Melba Hughes. Mrs. Hughes' husband, Robert Hughes, filed this action against Appellee, Henry County Medical Center (“HCMC”), and Dr. Donald Gold, who is not a party to this appeal. Appellees moved to dismiss the action for failure to comply with the notice requirement of Tennessee Code Annotated Section 29-26-121. Specifically, Appellee challenged whether the medical authorization provided with the pre-suit notice letter was compliant with Tennessee Code Annotated 29-26-121(a)(2)(E). An error in the medical authorization form provided to HCMC did not permit HCMC to obtain medical records from Dr. Gold. However, Dr. Gold saw the patient only at HCMC, and he had no records independent of the hospital‟s records. Following a hearing on the motion, the trial court dismissed the action without prejudice. Mr. and Mrs. Hughes timely filed their appeal. We reverse and remand the matter to the trial court.

Here is a link to the opinion:

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

New Health Care Liability Action Opinion: Trial Court's Denial of Motion to Dismiss Based upon a "Defective" Certificate of Good Faith Affirmed on Appeal

The Tennessee Court of Appeals just issued its opinion in Kerr v. Thompson, No. W2014-01973-COA-R3-CV (Tenn. Ct. App. Jun. 9, 2015).  The summary from the slip opinion states as follows:

The trial court denied the defendant doctor’s motion to dismiss this medical malpractice action on the ground that the plaintiff had substantially complied with Tennessee Code Annotated Section 29-26-122, despite the fact that her certificate of good faith did not contain a statement that the executing party had no prior violations of the good faith certificate requirement. This Court granted an interlocutory appeal. While this appeal was pending, the Tennessee Supreme Court issued its Opinion in Davis v. Ibach, No. W2013-02514-SC-R11-CV, --- S.W.3d ---, 2015 WL 3451613 (Tenn. May 29, 2015), ruling that Tennessee Code Annotated Section 29-26-122 does not require a party executing a certificate of good faith to note the absence of any prior violations of the good faith certificate requirement. Based on Davis, we conclude that plaintiff’s certificate of good faith was fully compliant with Tennessee Code Annotated Section 29-26-122. Accordingly, although we rely on different grounds, we affirm the trial court’s ruling denying the defendant doctor’s motion to dismiss.

(Emphasis in original.)

Here is a link to the opinion:

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

NOTE: This post relates to my May 29, 2015 post.