New Health Care Liability Action Opinion: Trial Court's Grant of Summary Judgment to the Defense Reversed on Appeal Because There Are Genuine Issues of Material Fact as to When This Cause of Action Accrued, the Propriety of the Presuit Notice, and Causation and Damages

The Tennessee Court of Appeals released its opinion in Vilas v. Love, No. W2022-01071-COA-R3-CV (Tenn. Ct. App. Oct. 26, 2023). The syllabus from the slip opinion reads:

In this health care liability action, the trial court granted summary judgment to the appellee surgeon based on the expiration of the statute of limitations and the appellant patient’s failure to show evidence of causation and damages. On appeal, we conclude that (1) there is a genuine dispute of material fact as to when the appellant’s cause of action accrued; (2) the trial court did not specifically rule on the propriety of appellant’s pre-suit notice; and (3) there are genuine disputes of material facts as to the causation and damages elements of the appellant’s claim. Accordingly, we reverse in part, vacate in part, and remand for further proceedings. 

Here is a link to the opinion: VilasJamesMiguelOPN.pdf (tncourts.gov).

NOTE: This is a great read because it offers excellent analysis of accrual of claims, presuit notice, and causation and damages in health care liability actions (f/k/a medical malpractice cases).