TREVOR TRAVIS v. COOKEVILLE REGIONAL MEDICAL CENTER, ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Sep 21, 2016

Court: TN Court of Appeals

Attorneys 1:

James Richard Wiggington and John Terence Tennyson, Nashville, Tennessee, for the appellant, Trevor Travis.

Attorneys 2:

Michael A. Geracioti and Linda Nathenson, Nashville, Tennessee, for the appellee, Brian Samuel, M.D. and Convenient Care Clinic.

Cynthia A. Wilson, Cookeville, Tennessee, for the appellee Cookeville Regional Medical Center.

Daniel H. Rader, III, Cookeville, Tennessee, for the appellee, Keith Hill, M.D.

James H. London, Andrew R. Tillman, and Jeremey R. Goolsby, Knoxville, Tennessee, for the appellee, Pierce Alexander.

Phillip North and Renee Levay Stewart, Nashville, Tennessee, for the appellee, Frank Perry, M.D.

Judge(s): BENNETT

In this health care liability case, the defendants moved to dismiss the complaint on the grounds that the plaintiff failed to comply with Tenn. Code Ann. § 29-26-121, part of Tennessee?s Health Care Liability Act. Specifically, the defendants argue that the plaintiff failed to provide a statement in the pleadings that he complied with Tenn. Code Ann. § 29-26-121(a), failed to file, with the complaint, documentation demonstrating compliance with Tenn. Code Ann. § 29-26-121(a), failed to file, with the complaint, an affidavit of the person who mailed pre-suit notice to the defendants, and failed to provide a HIPAA compliant medical authorization form. The trial court dismissed the case. We have reviewed the record and find that the plaintiff failed to substantially comply with Tenn. Code Ann. § 29-26-121(b). We affirm the judgment of the trial court.

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