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Tuesday, May 24, 2022

New Health Care Liability Action: Trial Court's Dismissal of Plaintiffs' Claims Upheld on Appeal Due to Statutorily Defective Presuit Notice Given to Defendant

Today, the Tennessee Court of Appeals issued its decision in Breithaupt v. Vanderbilt University Medical Center, No. M2021-00314-COA-R3-CV (Tenn. Ct. App. May 24, 2022). The syllabus from the slip opinion reads:

This appeal is a health care liability case involving issues of pre-suit notice and the statutory requirements under Tennessee Code Annotated section 29-26-121. The trial court denied the plaintiff’s motion for partial summary judgment; granted the defendant’s motion for summary judgment; and dismissed the plaintiff’s claims with prejudice after determining she failed to give the defendant pre-suit notice in compliance with Tennessee Code Annotated section 29-26-121. The plaintiff appeals. We affirm.

Here is a link to the opinion:

NOTE: This opinion demonstrates the harsh and unfair effects of noncompliance with the statutory presuit notice requirements. 

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