ESTATE OF PHYLLIS THIBODEAU ET AL. V. ST. THOMAS HOSPITAL - Articles

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Posted by: Chandra Williams on Oct 30, 2015

Court: TN Court of Appeals

Attorneys 1:

M. Ben Moore and Colin B. Calhoun, Nashville, Tennessee, for the appellants, Estate of Phyllis Thibodeau and Robert Thibodeau.

Attorneys 2:

C. Bennett Harrison, Jr., and Brian W. Holmes, Nashville, Tennessee, for the appellee, St. Thomas Hospital.

Judge(s): CLEMENT

Plaintiffs, a husband and wife, filed suit against St. Thomas Hospital alleging claims for ordinary negligence and a derivative loss of consortium. The complaint alleged that St. Thomas was liable for injuries Plaintiffs sustained as a result of the hospital?s employees? failure to properly support the wife as they attempted to transfer her from a bariatric stretcher to her automobile. St. Thomas moved to dismiss the claim on the grounds Plaintiffs failed to comply with the pre-suit notice and good faith certificate filing requirements of the health care liability statute set forth in Tenn. Code Ann. §§ 29-26-121 and -122. Plaintiffs responded that the complaint was not subject to the filing requirements because it sounded in ordinary negligence, not health care liability. The trial court held that Plaintiffs? action is a health care liability action subject to the filing provisions of the health care liability statute and dismissed Plaintiffs? claim with prejudice, finding it undisputed that Plaintiffs failed to comply with Tenn. Code Ann. §§ 29-26-121 and -122. Plaintiffs appeal. Having applied the clear language of the health care liability statute to Plaintiffs? complaint, we conclude that the allegations contained therein meet the definition of a health care liability action as defined in Tenn. Code Ann. § 29-26-101(a)(1) and that Plaintiffs were required to comply with Tenn. Code Ann. §§ 29-26-121 and -122. Therefore, we affirm.

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