Med Mal Filings Like Horseshoes and Hand Grenades--Close Enough is OK, Per Eastern Section

CHARLES J. CHAMBERS EX REL. ODIS M. CHAMBERS v. BRADLEY COUNTY ET AL.
Court: TN Court of Appeals

Attorneys:

Thomas M. Pinckney, Stephen W. Elliott, and Fetlework Balite-Panelo, Nashville, Tennessee, for the appellant, Bradley Healthcare and Rehabilitation Center.

Ashley L. Ownby, Cleveland, Tennessee, for the appellee, Odis M. Chambers.

Judge: SUSANO

In this medical malpractice case, the defendants moved to dismiss the complaint with prejudice on the grounds that plaintiff failed to file, with his complaint, the affidavit of the person who mailed pre-suit notice to the defendants. The trial court, noting that plaintiff complied with Tenn. Code Ann. § 29-26-121 (Supp. 2013) in every respect except for filing the affidavit, and that he filed the affidavit shortly after the complaint, denied the motion to dismiss on the ground that plaintiff had substantially complied with the statute. We affirm the judgment of the trial court.
 

.PDF Version of Case

Comment on this Article