TOMMY LYNN LAWSON ET AL. v. KNOXVILLE DERMATOLOGY GROUP, P.C. ET AL. - Articles

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Posted by: Landry Butler on Aug 1, 2017

Court: TN Court of Appeals

Attorneys 1:

Timothy L. Baldridge, Knoxville, Tennessee, for the appellants, Tommy Lynn Lawson and Katrina Lawson.

Attorneys 2:

James H. London, Carrie S. O’Rear, and Jeremey R. Goolsby, Knoxville, Tennessee, for the appellees, Knoxville Dermatology Group, P.C., and Katie Hageman, PA-C.

Judge(s): FRIERSON

The plaintiffs initiated this health care liability action against two defendant medical providers, a dermatology practice and a certified physician’s assistant employed by the practice. The defendants filed separate motions to dismiss, with each respectively asserting that the plaintiffs’ claims should be dismissed for failure to substantially comply with Tennessee Code Annotated § 29-26-121(a)(2)(E), which provides that a pre-suit medical authorization must be compliant with the Health Insurance Portability and Accountability Act (“HIPAA”). Following a hearing, the trial court dismissed the plaintiffs’ claims without prejudice upon finding that the medical authorization forwarded by the plaintiffs was incomplete and failed to substantially comply with HIPAA’s release requirements. The plaintiffs have appealed solely the dismissal of the health care liability claim against the dermatology practice. Discerning no reversible error, we affirm.

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