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Saturday, April 16, 2022

New Tennessee Health Care Liability Action Opinion: The Denial of the State's Motion to Dismiss Reversed on Appeal Due to a Defective Certificate of Good Faith Being Filed to Support the Claim

The Tennessee Court of Appeals has released its opinion in Gilbert v. State, E2021-00881-COA-R9-CV (Tenn. Ct. App. Apr. 14. 2022). The syllabus from the slip opinion reads: 

This appeal relates to a healthcare liability action, The Claims Commission denied the State’s motion to dismiss based upon the claimants’ failure to satisfy the requirements of Tennessee Code Annotated section 29-26-122 [(which concerns certificates of good faith that must be filed to support claims where expert testimony is required)]. We reverse the trial court and remand for dismissal.

NOTE: Look for the claimants to ask the Tennessee Supreme Court to take a look at this one. I will keep you posted.  


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