MELINDA DOLMAN, ET AL. v. TIMOTHY DONOVAN MD, ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on Dec 23, 2015

Court: TN Court of Appeals

Attorneys 1:

Russell John Johnson, Memphis, Tennessee, for the appellants, Kelsey Dolman, Monica Isom, and Patrice Benson.

Attorneys 2:

William H. Haltom, Joseph M. Clark, and Samantha E. Bennett, Memphis, Tennessee, for the appellees, Timothy Donovan, Brixey Shelton, Memphis Vascular Center, and Memphis Radiological Professional Corp.

Craig C. Conley and Mason W. Wilson, Memphis, Tennessee, for the appellee Methodist Lebonheur Healthcare a/k/a Methodist Healthcare a/k/a Methodist Hospital Germantown.

Judge(s): ARMSTRONG

This is a healthcare liability action arising from the death of the decedent, Melinda Dolman. Appellants, daughters of the decedent, filed this action against Appellees, Timothy Donovan, M.D., Brixey Shelton, M.D., Memphis Vascular Center, Memphis Radiological, P.C., and Memphis LeBonheur Healthcare. Appellees moved to dismiss the action for failure to comply with the notice requirement of Tennessee Code Annotated section 29-26-121. Specifically, Appellees challenged whether the medical authorization provided with the pre- suit notice letter was compliant with Tennessee Code Annotated section 29-26-121(a)(2)(E). Following a hearing on the motion, the trial court agreed with Appellees and dismissed the action. Appellants timely appealed. We affirm and remand.