ROBERT T. HUGHES ET AL. v. HENRY COUNTY MEDICAL CENTER D/B/A LAKE HAVEN BEHAVIORAL CENTER - Articles

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Posted by: Tanja Trezise on Jun 9, 2015

Court: TN Court of Appeals

Attorneys 1:

Tamara L. Hill and T. Robert Hill, Jackson, Tennessee, for the appellants, Robert T. Hughes and Melba Hughes.

Attorneys 2:

Chris Tardio, Joshua R. Adkins, Nashville, Tennessee, for the appellee, Henry County Medical Center d/b/a Lake Haven Behavioral Center.

Judge(s): ARMSTRONG

This is a healthcare liability action, arising from alleged injuries to Appellant, Melba Hughes. Mrs. Hughes' husband, Robert Hughes, filed this action against Appellee, Henry County Medical Center (“HCMC”), and Dr. Donald Gold, who is not a party to this appeal. Appellees moved to dismiss the action for failure to comply with the notice requirement of Tennessee Code Annotated Section 29-26-121. Specifically, Appellee challenged whether the medical authorization provided with the pre-suit notice letter was compliant with Tennessee Code Annotated 29-26-121(a)(2)(E). An error in the medical authorization form provided to HCMC did not permit HCMC to obtain medical records from Dr. Gold. However, Dr. Gold saw the patient only at HCMC, and he had no records independent of the hospital's records. Following a hearing on the motion, the trial court dismissed the action without prejudice. Mr. and Mrs. Hughes timely filed their appeal. We reverse and remand the matter to the trial court.

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