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Wednesday, February 10, 2021

New Health Care Liability Action Opinion: Trial Court’s Dismissal of Action Against Hospital Upheld on Appeal; Discovery Rule Does Not Apply to Save the Claim

The Tennessee Court of Appeals has released its opinion in Karr v. Thomas Midtown Hospital, No. M2020-00029-COA-R3-CV (Tenn. Ct. App. Feb. 9, 2021).  The syllabus from the slip opinion reads:

This appeal concerns the dismissal of a health care liability action against Saint Thomas Midtown Hospital, Saint Thomas Health, and Ascension Health. The trial court dismissed the complaint with prejudice on the ground the statute of limitation, through the application of the discovery rule, barred all of the claims. The plaintiffs appealed. We affirm.

Here is a link to the slip opinion:

NOTE; This opinion offers up an excellent explanation of the discovery rule and how it applies to toll the statute of limitations under certain circumstances.  It would behoove anyone interested in the discovery rule to read this opinion.