CHERYL DORTCH, PERSONAL REPRESENTATIVE OF ESTATE OF LATAVIUS DUJUAN DORTCH v. METHODIST HEALTHCARE MEMPHIS HOSPITALS, ET AL. - Articles

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Posted by: Landry Butler on Feb 5, 2018

Court: TN Court of Appeals

Attorneys 1:

Michael Harrell, Memphis, Tennessee, for the appellant, Cheryl Dortch.

Attorneys 2:

Eugene J. Podesta, Jr., Memphis, Tennessee, for the appellee, Methodist Healthcare Memphis Hospitals.

James T. McColgan, III and Barret Lemuel Frederick, Cordova, Tennessee, for the appellee, Medical Anesthesia Group.

John Ryland, Memphis, Tennessee, for the apellees, Amara F. Elochukwu and Ahmad H. Altabbaa.

Judge(s): GIBSON

This is a health care liability case. Appellant/Plaintiff first filed suit against Appellees/Defendants for medical malpractice in April 2014. Defendants filed motions to dismiss based on Plaintiff’s failure to comply with the pre-suit notice requirements for health care liability claims. Before the trial court could hear Defendants’ motions to dismiss, Plaintiff filed a notice of voluntary nonsuit, and an order was entered thereon. Plaintiff subsequently re-filed her case against Defendants in September 2016 in reliance on the one year savings statute. Defendants moved the court to dismiss Plaintiff’s suit based on the statute of limitations. The trial court granted Defendants’ motions and dismissed Plaintiff’s claims with prejudice, holding that, because Plaintiff’s original pre- suit notice was defective, her first complaint was untimely and she could not rely on the savings statute to revive a time-barred cause of action. We affirm the judgment of the trial court.

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