Two New SCOTN Health Care Liability Action Opinions: Court of Appeals' Reversal of Trial Court's Dismissal of Vicarious Liability Claims Against the Principals Upheld on Appeal Due to Tennessee's Health Care Liability Act's Abrogation of the Common Law's Operation-of-law Exception

The Tennessee Supreme Court issued its opinions in Ultsch v. HTI Memorial Hosp. Corp., No. M2020-00341-SC-R11-CV (Tenn. July 20, 2023) and Gardner v. Saint Thomas Midtown Hosp., No. M2019-02237-SC-R11-CV (Tenn. July 20, 2023). The syllabus from the majority slip opinions in Ultsch reads:

“When there is a conflict between the common law and a statute, the provision of the statute must prevail.” Graves v. Ill. Cent. R.R. Co., 148 S.W. 239, 242 (Tenn. 1912). That longstanding rule is the key to resolving this case, which pits a common-law rule governing vicarious liability claims against certain procedural provisions of Tennessee’s Health Care Liability Act. The defendant in this case moved to dismiss the plaintiff’s claims under the common-law rule. The trial court granted that motion, but the Court of Appeals reversed after concluding that application of the common-law rule would conflict with the Act. We agree that the Act necessarily implies an intent to abrogate the common-law rule in the circumstances of this case and affirm the Court of Appeals’ decision.

Ultsch, No. M2020-00341-SC-R11-CV, slip. op. at 1. 

The syllabus from Gardner reads the same. No. M2019-02237-SC-R11-CV, slip op. at 1. 

Here is the majority opinion in Ultsch: 

691fd502-7aa9-486c-a1b9-97092d595eb0.pdf (tncourts.gov)

Here is Justice Lee's opinion that concurs and dissents in part:  

ULTSCH-Separate Concur Opinion (J.Lee).pdf (tncourts.gov)

Here is Justices Page and Bivins's dissent: 

ULTSCH-Separate Dissent Opinion (J.Bivins).pdf (tncourts.gov)

Here is the majority opinion in Gardner: 

54eb201c-81d3-4f47-b239-aa6a1bdee20b.pdf (tncourts.gov)

Here is Justice Lee's opinion that concurs and dissents in part: 

GARDNER - Separate CONCUR IN PART Opinion (J.Lee).pdf (tncourts.gov)

Here is Justices Page and Bivins's dissent: 

GARDNER-Separate DISSENT Opinion (J.Bivins).pdf (tncourts.gov)

NOTE: These two decisions must be read by any lawyer who handles health care liability actions (f/k/a medical malpractice cases) governed by Tennessee substantive law because they will affect nearly every case of that sort, etc.