ESTATE OF BEULAH BLANKENSHIP, ET AL. v. BRADLEY HEALTHCARE AND REHABILITATION CENTER ET AL. - Articles

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Posted by: Karen Belcher on Mar 30, 2022

Court: TN Court of Appeals

Attorneys 1: Whitney Goode Horak and Minton Philip Mayer, Memphis, Tennessee, for the appellants, Bradley Healthcare and Rehabilitation Center and Bradley County, Tennessee.

Attorneys 2: Marvin Bernard Berke and Ronald Jay Berke, Chattanooga, Tennessee, for the appellees, Estate of Beulah Blankenship and Timothy Blankenship.

Judge(s): BENNETT

In this healthcare liability action, a decedent’s estate and her son sued a nursing home and the county that owned the nursing home, alleging that the nursing home was negligent in the care of the decedent. The nursing home and the county filed a motion to dismiss the case for failure to comply with the certificate of good faith filing requirement in Tenn. Code Ann. § 29-26-122. The trial court denied the motion, finding that an exhibit attached to the complaint satisfied the certificate of good faith filing requirement. Because the exhibit did not contain all of the information required for a certificate of good faith, we reverse and remand.

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