Day on Torts

June 14, 2024

Obtaining Medical Records For Deceased Person in Tennessee

There has been lots of confusion in Tennessee over how to obtain medical records of a deceased person.

Some providers require that an estate be opened and a HIPAA-compliant authorization be signed by the personal representative of the estate before they will turn over medical records. This is a ridiculous position – no one should have to go to the expense of opening an estate simply to gain access to medical records.

The Tennessee General Assembly came up with a fix. A new statute, embodied in Public Chapter 739, amends TCA Section 68-11-304 by deleting subdivision (a)(1) and substituting the following:

June 13, 2024

McMinn County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in McMinn County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the McMinn County court system.

June 12, 2024

Substantial compliance standard for pre-suit notice HIPPA authorizations.

by The Law Offices of John Day, P.C.

Plaintiffs must show substantial compliance, not strict compliance, with HCLA requirement that HIPAA authorization be included with their pre-suit notice.

In a memorandum opinion in Moxley v. AMISUB SFH, Inc., No. W2023-00220-COA-R3-CV (Tenn. Ct. App. April 24, 2024), the Court of Appeals vacated dismissal of an HCLA claim because the trial court used the wrong standard to determine whether plaintiff had complied with pre-suit notice requirements.

Before filing suit, plaintiff sent pre-suit notice to twelve potential defendants. Plaintiff included HIPAA authorizations, but those notices did not specifically authorize the providers to obtain medical records from the other providers. Instead, each pre-suit notice included twelve separate HIPPA authorization forms, with each authorizing the named provider to release records to one of the twelve providers sent notice.

June 11, 2024

Jefferson County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Jefferson County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Jefferson County court system.

June 10, 2024

Non-attorney cannot represent siblings in wrongful death case.

by The Law Offices of John Day, P.C.

Where decedent was survived by two children, and those two children filed a wrongful death claim pro se purporting to assert claims on their own behalf and on behalf of the other four children, the complaint was only proper to the extent the two plaintiffs were asserting their own right under the wrongful death statutes.

In Grose v. Stone, No. W2023-00090-COA-R3-CV (Tenn. Ct. App. April 25, 2024), decedent died in a car accident. Thereafter, two of decedent’s six children filed a wrongful death claim. The complaint stated that plaintiffs were acting on their own behalf, and on behalf of decedent’s other four children as administrators of decedent’s estate.

After multiple opportunities to hire counsel and several court dates, the trial court ultimately dismissed the complaint as a whole. The trial judge found that the complaint was void ab initio and constituted the unauthorized practice of law by the two plaintiffs. Plaintiffs appealed this ruling, and the Court of Appeals reversed dismissal, finding that the complaint was partially proper.

June 6, 2024

Coffee County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Coffee County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Coffee County court system.

June 4, 2024

Carter County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Carter County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Carter County court system.

May 30, 2024

Hawkins County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Hawkins County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Hawkins County court system.

May 28, 2024

Cumberland County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Cumberland County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Cumberland County court system.

May 23, 2024

Tipton County Tort Case Statistics and Outcomes – July 1, 2017- June 30, 2023

by The Law Offices of John Day, P.C.

The following graphs demonstrate the resolution of personal injury, wrongful death, and other tort cases in Tipton County, Tennessee during the last six fiscal years ending June 30, 2023.

BirdDog Law shares this information for every county in Tennessee. Click on BirdDog’s County Pages, go to the county of choice, and click on Court Statistics.

Click on the link for more information on the Tipton County court system.