Congratulations to Appellate team Maggie Roney, Natalie Bursi, and Robert Reid on their win in the Court of Appeals of Tennessee. In this healthcare liability matter, Appellant initially filed suit against a doctor and the hospital where she had surgery alleging medical malpractice. The trial court dismissed the matter without prejudice on first day of trial. The Appellant refiled the lawsuit against the doctor and the doctor’s employer.
In the refiled lawsuit, the trial court dismissed the claims against the doctor on the basis that Appellant failed to substantially comply with TCA § 29-26-121 by failing to provide a medical authorization that would allow the doctor to obtain a complete set of medical records from all other providers receiving notice, and therefore found that she was not entitled to an extension of the saving statute. In addition, the trial court granted the employer summary judgment on the basis that the first complaint naming it was not filed within the applicable statute of limitations. After oral argument, the Court of Appeals affirmed the dismissal.