Day on Torts
Judge Mays of the United States District Court in Memphis has dismissed a medical malpractice case filed against the United States under the Federal Tort Claims Act because the plaintiff did not file a certificate of good faith as required by T.C.A. Sec. 29-26-122.
Judge Mays held that the federal courts should apply Tennessee substantive law on the issue and that the failure to file the certificate required dismissal of the case.
The judge also dismissed the loss of consortium claim brought by the medical malpractice plaintiff’s spouse, saying that her claim was derivative to her husband’s claim and since his claim was rejected for failure to file the certificate the loss of consortium claim was also barred.
The case is Williams v. United States of America, 2010 WL 4736907 (W.D. Tenn. Nov. 16, 2010).