BETTY KIRBY v. SUMNER REGIONAL MEDICAL CENTER - Articles

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Posted by: Chandra Williams on Jul 13, 2016

Court: TN Court of Appeals

Attorneys 1:

Daniel Marshall, Nashville, Tennessee, for the appellant, Betty Kirby.

Attorneys 2:

Christopher A. Vrettos, Nashville, Tennessee, for the appellee, Sumner Regional Medical Center.

Judge(s): MCCLARTY

This is a health care liability action. The plaintiff suffered permanent damage after receiving medical treatment from the defendant hospital. The plaintiff filed suit exactly one year after her hospital stay. The defendant hospital moved to dismiss, arguing that the plaintiff failed to comply with the pre-suit notice and good faith requirements applicable to health care liability actions. The plaintiff later argued that the failure to comply with the necessary requirements should be excused for extraordinary cause as evidenced by the passing of her legal counsel’s son four days prior to the filing of the complaint. The trial court granted summary judgment, finding that no extraordinary cause existed. The plaintiff appeals. We reverse the judgment of the trial court.

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