RHONDA POTTER, ET. AL. V. WILLIAM DALE PERRIGAN, M. D., ET. AL. - Articles

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Posted by: Tanja Trezise on Mar 27, 2014

Court: TN Court of Appeals

Attorneys 1:

Mark N. Foster and Allison M. Kirk, Rockwood, Tennessee, for the appellants, Rhonda Potter and George Wiley Potter, II.

Attorneys 2:

P. Alexander Vogel, Knoxville, Tennessee, for the intervening appellant, Blue Cross Blue Shield of Tennessee.

Judge(s): MCCLARTY

This is a medical malpractice action. Plaintiffs timely filed a complaint after properly sending pre-suit notices to Defendants. After voluntarily dismissing the initial complaint, Plaintiffs filed a second complaint pursuant to the saving statute with an attached certificate of good faith and a copy of the original pre-suit notices. Defendants moved to dismiss the second complaint for failure to comply with the notice requirements set out in Tennessee Code Annotated section 29-26-121(a). The trial court agreed and dismissed the action. Plaintiffs appeal. We reverse the decision of the trial court.

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