New Health Care Liability Action: Dismissal of Complaint Against Hospital Upheld on Appeal Because Case Was a "Health Care Liability Action" (HCLA) as Defined by Tennessee Law and the Requirements for Filing a HCLA Were Not Met by Plaintiffs

The Tennessee Court of Appeals released its decision in Forsythe v. Jackson Madison Cnty. Gen. Hosp. Dist., No. W2021-01228-COA-R3-CV (Tenn. Ct. App. Nov. 28, 2022). The syllabus from the opinion reads:

The trial court granted the defendant medical providers summary judgment on the basis of the plaintiff’s failure to comply with the Tennessee Health Care Liability Act’s pre-suit notice and good faith certificate requirements. On appeal, the plaintiff, an employee of the defendants, argues that her claim does not relate to the provision of health care services and that she was therefore not required to give pre-suit notice or file a good faith certificate. Because we conclude that the trial court did not err in determining that the claim is related to the provision of health care services, we affirm.

Here is a link to the slip opinion: 

https://www.tncourts.gov/sites/default/files/forsythejessicamarieopn.pdf.

NOTE: This decision demonstrates how broad the definition of a "health care liability action" (HCLA) can be under Tenn. Code Ann. sec. 29-26-101(a)(1). When it doubt, treat these iffy cases like they are HCLAs—just to be safe.  

New Health Care Liability Action Opinion: Dismissal of Complaint Upheld on Appeal Because Proper Action Was Not Taken Before Statute of Limitations Expired

The Tennessee Court of Appeals has released its opinion in Jackson v. Vanderbilt University Medical Center, No. M2022-00476-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2022). The syllabus form the slip opinion reads: 

Patient, by next of kin, sued hospital alleging negligence during his treatment. Trial court granted hospital’s motion to dismiss based on patient’s failure to file the complaint prior to the expiration of the statute of limitations. Patient appealed the dismissal. Because the trial court correctly determined that the statute of limitations commenced running when the patient was discharged, we affirm.

Here is a link to the opinion: 

https://www.tncourts.gov/sites/default/files/thomas_w._jackson_deceased_by_next_of_kin_latisha_jackson_v._vanderbilt_university_medical_center_-_m2022-00476-coa-r3-cv.pdf.

NOTE: This case reminds us of what needs to be done to ensure that a health care liability action is timely filed.