An HCLA plaintiff who does not comply with the pre-suit notice requirements in the statute is not entitled to the 120-day extension of the statute of limitations. In Brookins v. Tabor, No. W2017-00576-COA-R3-CV (Tenn. Ct. App. March 8, 2015), plaintiff husband originally filed an HCLA suit against several defendants, including…
In a misdiagnosis Tennessee health care liability (medical malpractice) case, defendants seeking dismissal based on the statute of limitations were required to “establish that decedent was aware of the alleged misdiagnosis,” not just show that the misdiagnosis was made, in order to establish when the one-year limitation period began to…
If an HCLA plaintiff fails to provide proper pre-suit notice and files her first complaint after the statute of limitations has passed (but within the 120-day grace period), her case will not be saved by voluntarily dismissing and trying to use the savings statute to refile. In Dortch v. Methodist…
A plaintiff’s claim for assault and battery within a medical facility may not fall under the HCLA, and thus not be subject to its pre-suit notice and certificate of good faith requirements. In C.D. v. Keystone Continuum, LLC d/b/a Mountain Youth Academy, No. E2016-02528-COA-R3-CV (Tenn. Ct. App. Jan. 22, 2018),…
A new study reveals that “diagnosis-related events are the single largest root cause of medical professional liability claims.” The study “provides insight into the root causes of diagnosis-related claims based on an analysis of 10,618 closed medical professional liability claims at Coverys across a five-year period (2013-2017). The study found…
Allegations related to a patient being injured by a doctor’s handshake may not fall under the HCLA. In Lacy v. Meharry General Hospital, No. M2016-01477-COA-R3-CV (Tenn. Ct. App. Dec. 19, 2017), plaintiff went to defendant doctor for a check up regarding why she was getting short of breath. Upon entering…
Where the only notification a hospital provided to a patient that a radiologist was not an agent of the hospital was buried in fine print in admission forms and not highlighted in any way, the trial court’s finding that the hospital was vicariously liable for any fault assigned to the…
In Commercial Bank & Trust Co. v. Children’s Anesthesiologists, P.C., No. E2016-01747-COA-R3-CV (Tenn. Ct. App. Oct. 25, 2017), plaintiffs were the legal guardian of a minor who, after a shunt revision, was no longer able to walk. Plaintiffs filed an HLCA suit, and after trial, the jury returned a verdict…
In a health care liability action, a plaintiff must show not only that the defendant breached the standard of care, but that such breach proximately caused the injury in question. Further, that causation testimony cannot come from a nurse. In Estate of Sample v. Life Care Centers of America, Inc.,…
A temporary order granting a guardianship that had apparently expired by the time of the injury at issue does not meet the standard for proving that an injured party had been “adjudicated incompetent” for the purpose of tolling a statute of limitations. In Caudill v. Clarksville Health System, GP, No.…