ANGELA CALDWELL, AS POWER OF ATTORNEY F/U/B OF LEATHY M. JOHNSON V. BAPTIST MEMORIAL HOSPITAL, ET AL - Articles

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Posted by: Chandra Williams on Jun 3, 2016

Court: TN Court of Appeals

Attorneys 1:

Marty R. Phillips and John O. Alexander, IV, Memphis, Tennessee, for appellant Ravi K. Madasu, M.D.

Attorneys 2:

Christopher S. Campbell and Laura S. Martin, Memphis, Tennessee, for appellant Baptist Memorial Hospital. Kevin O?Neal Baskette and Peter Benjamin Winterburn, Memphis, Tennessee, for appellants Frank Eggers, and Mid-South Imaging and Therapeutics, PA. Albert C. Harvey and Justin Nicholas Joy, Memphis, Tennessee, for appellants Lance J. Wright and Semmes-Murphey Clinic, P.C. ?? Herbert H. Slatery, III; Attorney General and Reporter, Andre´e S. Blumstein, Solicitor General; Mary M. Bers, Senior Counsel; and Stephanie A. Bergmeyer, Assistant Attorney General, Nashville, Tennessee, for the intervenor-appellee State of Tennessee. William Bryan Smith, Memphis, Tennessee, for the appellee Angela Caldwell.

Judge(s): BENNETT

In this health care liability action, this Court granted the defendants? application pursuant to Tenn. R. App. P. 10 to address two issues. We have determined that: (1) the Health Insurance Portability and Accountability Act (“HIPAA”) does not preempt Tenn. Code Ann. § 29-26-121(f); and (2) the trial court erred in denying the defendants? petition for a qualified protective order pursuant to Tenn. Code Ann. § 29-26-121(f) because it is undisputed that the defendants complied with the procedural requirements of subsection (f), and the plaintiff did not file an objection as permitted under the statute. We, therefore, reverse the trial court?s decision and remand for the entry of a qualified protective order.

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