CATHERINE CRIGHT v. TIJUAN OVERLY, M.D. ET AL. - Articles

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Posted by: Landry Butler on Oct 17, 2016

Court: TN Court of Appeals

Attorneys 1:

Donna K. Holt, Knoxville, Tennessee, for the appellant, Catherine Cright.

Attorneys 2:

James H. London, Heidi A. Barcus, and J. Spencer Fair, Knoxville, Tennessee, for the appellees, Tjuan L. Overly, M.D., and Knoxville Cardiovascular Group, P.C., dba University Cardiology.

Judge(s): SUSANO

Catherine Cright's husband passed away on August 4, 2008, due to complications arising from a stent placement procedure. Cright subsequently filed a medical malpractice action against Dr. Tijuan Overly, Knoxville Cardiovascular Group, P.C. (KCG), and University Health Systems, Inc. (UHS) (collectively the defendants). Cright nonsuited that action in April 2013 three days into trial. She later sent a notice letter to each of the defendants advising them of her intent to refile her action. She neglected to attach a HIPAA-compliant medical authorization. Thereafter, Cright refiled her complaint against the defendants, all of whom filed a motion to dismiss because of her failure to comply with the HIPAA-compliant authorization requirement set forth in Tenn. Code Ann. § 29-26-121(a) (Supp. 2009). The trial court granted the motions. Cright appeals. We affirm.

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