TBA Law Blog


Posted by: Kreis White & Christy Gibson on Jun 25, 2014

DEBORAH MASON HAWKINS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF WAYNE HAWKINS, DECEASED v. RODNEY A. MARTIN, M.D. AND BAPTIST MEMORIAL HOSPITAL
Court: TN Court of Appeals

Attorneys:

Darrell J. O’Neal, Memphis, Tennessee, for Plaintiff/Appellant Deborah Mason Hawkins.

J. Kimbrough Johnson, Memphis, Tennessee, for Defendant/Appellee Rodney A. Martin, M.D.

Brett A. Hughes and Kannon C. Conway, Memphis, Tennessee, for Defendant/Appellee Baptist Memorial Hospital.

Judge: KIRBY

This appeal involves compliance with the statutory requirements for a health care liability action. The plaintiff filed a health care liability lawsuit. The attorney for the plaintiff inadvertently failed to provide the defendant health care providers with medical authorizations that complied with T.C.A. § 29-26-121(a)(2)(E). The defendants filed a motion to dismiss. The trial court granted the defendants’ motion, finding no extraordinary cause to justify noncompliance with the statutory requirement. The plaintiff filed his first appeal. The appellate court vacated the trial court’s decision and remanded the case for the trial court to consider the totality of the circumstances, including those of the attorney. After additional discovery on remand, the trial court again held that the plaintiff had not established extraordinary cause for noncompliance with the statutory requirement, and so dismissed the lawsuit. The plaintiff again appeals. After a careful review of the record, we find no abuse of the trial court’s discretion and affirm.

.PDF Version of Case

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