TBA Law Blog

Posted by: Kreis White on Feb 5, 2015

The Tennessee Supreme Court dismissed a med mal suit against six Knoxville medical providers because they were not provided with at least 60 days’ pre-suit notice of the action, as required under Tennessee law. The decision overturns the appellate court ruling that the plaintiffs did not need to provide the notice after reviving a suit they initially had provided notice for but ultimately dismissed. The high court disagreed, saying notice must be given each time a complaint is to be filed. In dissenting, Justice Gary Wade argued the initial notice should suffice and that the case should be decided on the merits rather than procedural ground.

.PDF Version of Case

WADE Dissenting

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