Congratulations to Dale Bay and Jordan Scott

Congratulations to Dale Bay and Jordan Scott, shareholders in our Nashville office, who prevailed in an important healthcare liability matter in the Supreme Court of Tennessee today.  In the case, it was alleged that the defendant doctor told  the  plaintiff  he  was  an  experienced board-certified plastic surgeon, and that the doctor’s representations induced the plaintiff to consent to surgery. However, the doctor was not a board-certified plastic surgeon, and the plaintiff alleged that she was injured as a result of the surgery. The plaintiff and her husband sued the doctor, his medical practice, and the surgical facility for her injuries, alleging medical battery and intentional misrepresentation.  The defendants filed a motion to dismiss based on the plaintiffs’ failure to comply with  the  pre-suit  notice  and  filing  requirements  of  the  Health  Care Liability Act.  The plaintiffs agreed they did not comply with the Act but argued the Act did not apply to their medical battery and intentional misrepresentation claims.  The trial court agreed with the plaintiffs, and the Court of Appeals affirmed.  However, the Supreme Court of Tennessee reversed the Court of Appeals and held that the “Health Care Liability Act applies to the plaintiffs’ claims. The Act broadly defines a ‘health care liability action’ to include claims alleging that a health care provider caused an injury that related to the provision of health care services, regardless of the theory of liability.  Based  on the  allegations  in  the  complaint,  the  plaintiffs’  medical  battery  and intentional  misrepresentation claims fall within the definition of a ‘health  care liability action’ under the Act.” Majority Opinion

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