DEBBIE WEST, Individually and as the Surviving Spouse of WILLIAM P. WEST, Deceased v. AMISUB (SFH), INC., d/b/a ST. FRANCIS HOSPITAL, ET AL

With partially dissenting opinion.

This is a medical malpractice case. The General Sessions Court granted the Defendants’ motions to dismiss based on Plaintiff’s failure to comply with the pre-suit notice and certificate of good faith requirements under the Tennessee Medical Malpractice Act (“TMMA”). Plaintiff timely sought a de novo appeal to Circuit Court, paid $211.50 to the General Sessions Court clerk, and paid an additional cash bound in the amount of $250.00. On appeal in Circuit Court, the Defendants filed motions for summary judgment based on Plaintiff’s failure to comply with the TMMA. After raising the issue sua sponte, the Circuit Court concluded that it lacked subject matter jurisdiction to consider the appeal from the General Sessions Court because Plaintiff failed to file a surety bond as required under Tennessee Code Annotated section 27-5-103. Alternatively, the Circuit Court further concluded that, even if it had jurisdiction, the Defendants were entitled to summary judgment because Plaintiff failed to comply with the TMMA. Plaintiff appeals. Although we conclude that the Circuit Court erred in dismissing the appeal from General Sessions Court for lack of subject matter jurisdiction, we affirm the Circuit Court’s grant of summary judgment in favor of the Defendants.

Attorney 1: 

Barry J. McWhirter, Memphis, Tennessee, for the appellant, Debbie West.

Attorney 2: 

Joseph M. Clark and Erika D. Roberts, Memphis, Tennessee, for the appellee, Imran Mirza, M.D.

Darrell E. Baker, Jr., Deborah Whitt, and M. Jason Martin, Memphis, Tennessee, for the appellee, Mark Mills, M.D.

W. Timothy Hayes, Jr. and Virginia P. Bozeman, Memphis, Tennessee, for the appellee, AMISUB (SFH), Inc.

Amanda Waddell, Memphis, Tennessee, for the appellee, Phillip D. Waldrup, M.D.,

J. Kimbrough Johnson, Memphis, Tennessee, for the appellee, Douglas Linville, M.D.

Tabitha F. McNabb, Memphis, Tennessee, for the appellee, Shoaib Qureshi, M.D.

Judge: 
FARMER
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HIGHERS partially dissenting100.82 KB
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