New Health Care Liability Action Opinion: Trial Court Reversed in Part as to the Sufficiency of the Presuit Notice Provided by Mother of Deceased on Behalf of the Deceased's Minor Children

The Tennessee Court of Appeals has released its opinion in Denson v. Methodist Medical Center of Oak Ridge, No. E2023-00027-COA-R9-CV (Tenn. Ct. App. Oct. 12, 2023). The syllabus reads:

This appeal arises from a health care liability action following the death of Ashley Denson from a cardiac event she suffered after being treated and released from Methodist Medical Center. Ms. Denson was unmarried and had two minor children at the time of her death. The statutorily-required pre-suit notice listed Ms. Denson’s mother, Bobbie J. Denson, as the claimant authorizing notice. The minor children were not identified anywhere in the notice. The subsequent complaint was filed by “ASHLEY DENSON, Deceased, by and through her Next Friend and Mother BOBBIE JO DENSON, and BOBBIE JO DENSON, Individually.” The body of the complaint lists, for the first time, Ashley Denson’s children, and states that Bobbie Denson “brings this action individually, and on behalf of Plaintiff, decedent’s surviving minor children … as Grandmother and Legal Guardian.” The defendants filed motions to dismiss, challenging Bobbie Denson’s standing to bring the action and contending that the pre-suit notice failed to comply with the requirements of the Tennessee Health Care Liability Act.[] The trial court initially granted the motions to dismiss but reversed course after the plaintiff filed a motion to reconsider. We hold that, although Grandmother has standing, the pre-suit notice does not comply with the requirements of the Tennessee Health Care Liability Act. The judgment of the trial court is ultimately affirmed in part and reversed in part.

(Footnote omitted.)

Here is a link the majority opinion: E2023-27 Maj..pdf (tncourts.gov).

Here is a link to Judge McClarty's partial dissent: E2023-27 Dis..pdf (tncourts.gov).

NOTE: Look for the plaintiff's counsel to ask the Tennessee Supreme Court for permission to appeal in this case. Given the importance of this issue of law, inter alia, I predict that permission to appeal will be granted by our High Court. Stay tuned.