New Health Care Liability Action Opinion: Trial Court's Dismissal of Plaintiff's Claim as Untimely per the GTLA Upheld on Appeal

The Tennessee Court of Appeals released its opinion yesterday in Miller v. Cookeville Reg'l Med. Ctr., No. M2014-01917-COA-R3-CV (Tenn. Ct. App. Sept. 29, 2015).  The summary from the opinion states as follows:

Plaintiff filed this medical malpractice action on September 8, 2011, pursuant to the Tennessee Medical Malpractice Act (“the TMMA”) against Cookeville Regional Medical Center, which is a governmental entity subject to the Governmental Tort Liability Act (“the GTLA”). The Medical Center filed a motion to dismiss for failure to state a claim, relying upon the Supreme Court’s decision in Cunningham v. Williamson Cnty. Hosp. Dist., 405 S.W.3d 41 (Tenn. 2013), to support its assertion that Plaintiff’s suit was untimely filed because it was not filed within the one-year statute of limitations set forth in the GTLA, Tenn. Code Ann. § 29-20-305(b) (2012). Plaintiff responded contending that the Cunningham decision should be applied prospectively only, so as to preserve Plaintiff’s claim as timely. The trial court found the decision in Cunningham controlling and dismissed the complaint as untimely filed. We affirm.

(Footnote omitted.)

Here is a link to the opinion: https://www.tba.org/sites/default/files/millerf_093015.pdf

NOTE: The one-year statute of limitations is now extended by proper presuit notice sent pursuant to Tenn. Code Ann. sec. 29-26-121 due to a statutory amendment, which is mentioned in this opinion.  That amendment did not apply to this case because the claim accrued before the amendment's effective date.

New Health Care Liability Action Opinion: Tenn. Code Ann. sec. 20-1-119 and Venue

The Tennessee Court of Appeals released its opinion today in Barrett v. Chesney, No. W2014-01921-COA-R9-CV (Tenn. Ct. App. Sept. 28, 2015).  The summary from the opinion states as follows:

This interlocutory appeal arises from a health care liability action and concerns the question of proper venue. Plaintiff filed her original lawsuit in Shelby County against the Appellants, a pathology group located in Shelby County. Appellants answered the complaint and raised, as an affirmative defense, the comparative negligence of Appellees, plaintiff‟s primary care physician and his employer, who are residents of Sumner County. Plaintiff then moved, under Tennessee Code Annotated Section 20-1-119, for leave to amend her complaint to add the Sumner County residents to the lawsuit. Leave was granted, and plaintiff filed an amended complaint under Tennessee Rule of Civil Procedure 15.01. Appellees answered the complaint and averred that venue was improper in Shelby County under Tennessee Code Annotated Section 20-4-101(b). Appellees asked for dismissal of the lawsuit; however, rather than dismissing the lawsuit, the Shelby County court transferred the case to Sumner County. Appellants appeal. We affirm and remand.

Here is a link to the opinion:

http://www.tsc.state.tn.us/sites/default/files/barrettkathleenopn.pdf

New Health Care Liability Action Opinion: Trial Court's Denial of Defendants' Motions to Dimiss Due to Plaintiffs' Alleged Failure to Comply with Presuit Notice Requirements, Etc., Upheld on Appeal

The Tennessee Court of Appeals recently released its opinion in Hunt v. Nair, No. E2014-01261-COA-R9-CV (Tenn. Ct. App. Sept. 25, 2015).  The summary from the opinion states as follows:

This interlocutory appeal involves a health care liability action. The plaintiffs, Margie Hunt and husband, Rickey Hunt, claim that Mrs. Hunt suffered injuries proximately caused by the conduct of the defendants with respect to two surgeries. Prior to filing their complaint, the plaintiffs gave timely written notice of their claim to potential defendants. See Tenn. Code Ann. § 29-26-121(c) (Supp. 2013). Each of the three defendants moved to dismiss the complaint. Their separate motions were predicated on their assertion that the plaintiffs‟ pre-suit notice failed to comply with the requirements of Tenn. Code Ann. § 29-26-121, part of the Tennessee‟s Health Care Liability Act. Specifically, the defendants argue that the plaintiffs failed to provide a HIPAA-compliant medical authorization with their pre-suit notice. They also contend that the plaintiffs failed to attach to the complaint the medical authorization and also the pre-suit notice served upon the defendants. The defendant Dr. Nitin J. Rangnekar also relies upon the ground of insufficiency of service of process. The trial court denied each defendant‟s motion. On the defendants‟ further motions, the court granted them permission to pursue an interlocutory appeal pursuant to the provisions of Tenn. R. App. P. 9. We likewise granted the defendants permission to file a Rule 9 appeal. We affirm the judgment of the trial court.

(Footnotes omitted.) 

Here is a link to the opinion:

http://www.tsc.state.tn.us/sites/default/files/hunt_v._nair_m.d.pdf

NOTE: This is a must-read opinion for any lawyer who handles health care liability actions in Tennessee given the fact that it discusses substantial compliance of presuit notice procedures, filing requirements, and the waiver of affirmative defenses for failing to comply with Rule 8.03, Tenn. R. Civ. P.

New Tennessee Supreme Court Opinion Relating to Cases Filed in the Claims Commission, the Tennessee Governmental Tort Liability Act, and Tenn. Code Ann. sec. 20-1-119

The Tennessee Supreme Court just released its opinion in Moreno v. City of Clarksville, No. 2014-01465-CS-R11-CV (Tenn. Sept. 18, 2015), available at http://www.tncourts.gov/sites/default/files/morenorichard.opn_.pdf (last visited Sept. 20, 2015).

Justice Wade filed a dissenting opinion, which can be found at this link: Moreno v. City of Clarksville, No. 2014-01465-CS-R11-CV (Tenn. Sept. 18, 2015) (Wade, J., dissenting), available at   http://www.tncourts.gov/sites/default/files/morenorichardopn_dissent_final.pdf (last visited Sept. 20, 2015).

These are must-read opinions that discuss the interplay between sovereign immunity and comparative fault.