In its opinion filed on November 8, 2017, the Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) affirmed that the defendant hospital was responsible for a share of the $750,000 verdict the Tennessee medical malpractice jury returned in… Read More
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Tennessee Appellate Court Affirms Substantial Compliance With Medical Malpractice Pre-Suit Notice Requirements Applies To Governmental Entities
In its opinion filed on August 8, 2017, the Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) affirmed that substantial compliance with the documentation requirement in Tennessee Code Annotated § 29-26-121(b) is sufficient even when the defendant is a governmental… Read More
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Tennessee Supreme Court Reverses Dismissal Of Medical Malpractice Complaint Based On No Pre-Suit HIPAA-Compliant Medical Authorization
In its opinion filed on July 5, 2017, the Supreme Court of Tennessee at Jackson (“Tennessee Supreme Court”) held that a prospective plaintiff who provides pre-suit notice to one potential defendant is not required under Tennessee Code Annotated section 29-26-121(a)(2)(E) to… Read More
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Tennessee Appellate Court Determines Claim Against EMT Did Not Require Expert’s Report
The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on May 2, 2017, that “it would be within the common knowledge of a layperson whether an EMT’s alleged negligent, reckless, or intentional striking… Read More
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Tennessee Appellate Court Reverses Dismissal Of Non-Medical Malpractice Claim, Affirms Dismissal Of Medical Malpractice Claim
In its opinion filed on November 30, 2016, the Court of Appeals of Tennessee at Nashville (“Appellate Court”) affirmed the trial court’s dismissal of the pro se plaintiff’s medical malpractice (health care liability) claim alleged in her complaint because she… Read More
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Tennessee Circuit Court Judge Holds Tennessee Cap On Noneconomic Damages Unconstitutional
In a written decision filed on March 9, 2015 by a Tennessee Circuit Court judge (trial court judge) involving claims for personal injury damages arising out of a traffic collision, the court held that the Tennessee Civil Justice Act of 2011… Read More
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Tennessee Supreme Court Requires Medical Malpractice Plaintiffs To jump Through Procedural Hoop (Again)
In its decision filed on January 27, 2015, the Supreme Court of Tennessee (“Tennessee Supreme Court”) held that the medical malpractice plaintiffs were required to provide the medical malpractice defendants with a second pre-suit notice after voluntarily dismissing their original medical malpractice… Read More
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Tennessee Appellate Case Highlights “Gotcha” Of Hyper-Technical Medical Malpractice Reforms
In its decision filed on December 9, 2014, the Court of Appeals of Tennessee sided with the medical malpractice plaintiff in a case where the defendants successfully moved to dismiss the plaintiff’s re-filed medical malpractice lawsuit on the basis that the required pre-suit notices provided with… Read More
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Tennessee Supreme Court Allows Medical Malpractice Lawsuit Despite Failure To Strictly Comply With Pre-Suit Notice Requirement
In its decision issued on April 24, 2014, the Supreme Court of Tennessee (“Tennessee Supreme Court”), which is Tennessee’s highest court, ruled that a medical malpractice plaintiff had substantially complied with Tennessee’s statutory pre-suit notice requirement for Tennessee medical malpractice cases… Read More
