DEBORAH MASON HAWKINS, AS ADMINISTRATRIX OF THE ESTATE OF WAYNE HAWKINS, Deceased, And DEBORAH MASON HAWKINS, INDIVIDUALLY v. RODNEY A. MARTIN, M.D., ET AL. - Articles

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Posted by: Barry Kolar on Jul 24, 2012

Court: TN Court of Appeals

Attorneys 1:

Darrell J. O’Neal, Memphis, Tennessee, for the appellants, Deborah Mason Hawkins, As Administrator of the Estate of Wayne Hawkins, Deceased, and Deborah Mason Hawkins, Individually.

Attorneys 2:

J. Kimbrough Johnson and Elizabeth T. Collins, Memphis, Tennessee, for the appellee, Rodney A. Martin, M.D.

Brett A. Hughes and Kannon C. Conway, Memphis, Tennessee, for the appellee, Baptist Memorial Hospital.

Judge(s): FARMER

The trial court granted Defendants’ motion to dismiss in this medical malpractice action where Plaintiff failed to attach a HIPPA compliant medical authorization to her notice to Defendants prior to filing her complaint as required by Tennessee Code Annotated § 29-26- 121. Plaintiff appeals. We vacate and remand for further proceedings.

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