BETTY J. GRIZZLE v. PARKWEST MEDICAL CENTER - Articles

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Posted by: Karen Belcher on Jul 25, 2017

Court: TN Court of Appeals

Attorneys 1:

H. Franklin Chancey, Cleveland, Tennessee, for the appellant, Betty J. Grizzle.

Attorneys 2:

Broderick L. Young and F. Michael Fitzpatrick, Knoxville, Tennessee, for the appellee, Parkwest Medical Center.

Judge(s): FRIERSON

The plaintiff initiated this health care liability action on January 25, 2016. The defendant medical provider filed a motion to dismiss, asserting that the plaintiff had failed to attach the documentation required by Tennessee Code Annotated § 29-26-121(b) to demonstrate that proper pre-suit notice had been transmitted. The defendant also asserted that the plaintiff’s claims should be dismissed for failure to substantially comply with the requirements of Tennessee Code Annotated § 29-26-121(a)(2)(E) regarding a medical authorization compliant with the Health Insurance Portability and Accountability Act (“HIPAA”). While noting that the plaintiff had substantially complied with Tennessee Code Annotated § 29-26-121(a)(4) and (b), the trial court found that the medical authorization forwarded by the plaintiff was incomplete and failed to comply with HIPAA’s release requirements. The trial court therefore dismissed the plaintiff’s claims. The plaintiff has timely appealed. We affirm the trial court’s determination that the plaintiff substantially complied with Tennessee Code Annotated § 29-26-121(a)(4) and (b). We reverse, however, the trial court’s determination that the plaintiff’s claims should be dismissed for failure to substantially comply with Tennessee Code Annotated § 29-26- 121(a)(2)(E).

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