JESSICA ABEYTA v. HCA HEALTH SERVICES OF TN, INC. d/b/a PARTHENON PAVILLION - Articles

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Posted by: Tanja Trezise on Oct 25, 2012

Court: TN Court of Appeals

Attorneys 1:

Jessica Abeyta, Nashville, Tennessee, Pro Se.

Attorneys 2:

Dixie W. Cooper, James C. Sperring, and Brian D. Cummings, Nashville, Tennessee, for the appellee, Parthenon Pavilion of Centennial Medical Center.

Judge(s): STAFFORD

This is an involuntary commitment case, in which we are asked to review the trial court’s grant of Appellee/Hospital’s motion to dismiss. The trial court found that all of the claims asserted in Appellant/Patient’s complaint sounded in medical malpractice. Because Appellant failed to provide a certificate of good faith as required under the Tennessee Medical Malpractice Act, Tennessee Code Annotated Section 29-26-115, et seq. (“TMMA”), the trial court granted Appellee’s motion to dismiss. Appellant argues that not all of her stated claims sound in medical malpractice. We affirm the dismissal of Appellant’s claim asserting a violation of the Americans with Disabilities Act. However, we conclude that Appellant has stated a claim for medical battery, as well as a claim for negligence per se arising from alleged violations of the involuntary commitment statutes. Moreover, because Appellant’s negligence per se claims survive the motion to dismiss, she may also maintain the false imprisonment and invasion of privacy claims. Affirmed in part, reversed in part, and remanded.

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