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.