AUBREY E. GIVENS, ADMINISTRATOR OF THE ESTATE OF JESSICA E. GIVENS, DECEASED, ET. AL. V. THE VANDERBILT UNIVERSITY D/B/A VANDERBILT UNIVERSITY HOSPITAL, ET. AL.

This is a medical malpractice action arising from the death of Decedent. Defendants moved to dismiss the action for failure to comply with the notice requirements set out in Tennessee Code Annotated section 29-26-121. The trial court agreed and dismissed the action. Plaintiffs appeal the dismissal. We hold that section 29-26-121 does not mandate dismissal with prejudice for noncompliance with its terms and that the failure to comply with the notice requirements does not mandate dismissal under the facts of this case. We vacate the dismissal order and remand for further proceedings.

Attorney 1: 

Aubrey T. Givens and John Jay Clark, Nashville, Tennessee, for the appellants, Aubrey E. Givens, individually and as administrator of the estate of Jessica E. Givens, deceased, and Jessica R. Givens.

Attorney 2: 

Steven E. Anderson and Sean C. Wlordarczyk, Nashville, Tennessee, for the appellees, the Vanderbilt University d/b/a Vanderbilt University Hospital and David Slosky, M.D.

Judge: 
MCCLARTY
AttachmentSize
givensa_102513.pdf99.96 KB
Groups: