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Wednesday, May 19, 2021

New Health Care Liability Action Opinion: Denial of Summary Judgment for a Defendant Upheld on Appeal; Authorization for Medical Records Substantially Complied with HIPAA

The Tennessee Court of Appeals released its decision today in Savannah v. State, No. E2020-01232-COA-R9-CV (Tenn. Ct. App. May 19, 2021).  The syllabus from the slip opinion reads:

Parents filed a healthcare liability and wrongful death complaint after the mother delivered a stillborn infant. We granted this interlocutory appeal to review whether the claims commission erred in denying summary judgment to the defendants. Finding no error in the Commission’s ruling, we affirm. 

Here is a link to the opinion:

NOTE: This is a must-read decision for any lawyer who handles health care liability action (HCLA) cases governed by Tennessee substantive law.  It addresses whether an authorization required under Tenn. Code Ann. sec. 29-26-121 complies with HIPAA, which has become all-too-common issues in HCLA cases.  

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