New Health Care Liability Action: Trial Court's Dismissal of Plaintiffs' Claims Upheld on Appeal Due to Statutorily Defective Presuit Notice Given to Defendant

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:

https://www.tncourts.gov/sites/default/files/jack.breithaupt.opn_.pdf.

NOTE: This opinion demonstrates the harsh and unfair effects of noncompliance with the statutory presuit notice requirements. 

New Tennessee Health Care Liability Action Opinion: The Denial of the State's Motion to Dismiss Reversed on Appeal Due to a Defective Certificate of Good Faith Being Filed to Support the Claim

The Tennessee Court of Appeals has released its opinion in Gilbert v. State, E2021-00881-COA-R9-CV (Tenn. Ct. App. Apr. 14. 2022). The syllabus from the slip opinion reads: 

This appeal relates to a healthcare liability action, The Claims Commission denied the State’s motion to dismiss based upon the claimants’ failure to satisfy the requirements of Tennessee Code Annotated section 29-26-122 [(which concerns certificates of good faith that must be filed to support claims where expert testimony is required)]. We reverse the trial court and remand for dismissal.

NOTE: Look for the claimants to ask the Tennessee Supreme Court to take a look at this one. I will keep you posted.