State Supreme Court Rules Re-Filed Malpractice Lawsuit Must Follow New State Laws

Thursday, October 04, 2012
 In a unanimous opinion, the Tennessee Supreme Court ruled that a re-filed malpractice lawsuit must follow state statutes in effect at the time of re-filing.

In 2006, Curtis Myers suffered a stroke and was treated by various healthcare providers. The next year, he filed a complaint in Shelby County Circuit Court alleging medical malpractice against healthcare providers who had treated him.

The original lawsuit was pending when the state legislature enacted new requirements (Tennessee Code Annotated sections 29-26-121 and 122) related to medical malpractice actions in Tennessee. The new laws went into effect on Oct. 1, 2008, and were amended on July 1, 2009.

On Oct. 21, 2008, Mr. Myers dismissed his lawsuit and re-filed it on September 30, 2009. The defendants moved to dismiss the complaint based on Mr. Myers’ failure to comply with the new state laws which required pre-suit notice be given to the defendants and that the plaintiff file a certificate of good faith. The trial court denied the motion ruling that the plaintiff’s original suit constituted substantial compliance with the statutes and that extraordinary cause existed to excuse compliance with the requirements of one of the statutes. The Court of Appeals reversed the trial court.

Today, the Tennessee Supreme Court, in an opinion authored by Justice Sharon G. Lee, ordered that the complaint be dismissed. The Court noted that the statutory requirements of providing pre-suit notice to the defendants and filing a certificate of good faith are mandatory and not subject to substantial compliance and that Mr. Myers failed to demonstrate extraordinary cause for non-compliance.

To read the Curtis Myers v. AMISUB, Inc. et al. opinion authored by Justice Sharon G. Lee, visit http://www.tncourts.gov/sites/default/files/myerscurtisopn.pdf .


Haslam Receives Employment First Task Force Report

Governor Bill Haslam announced the completion of the Employment First Task Force report that outlines the steps the task force will take to expand integrated, competitive employment for people with disabilities as well as progress the group has already made. Formed last year when the governor signed Executive Order No. 28, the task force is comprised of state agencies, families, ... (click for more)

Chattanooga Business Calendar Sept. 21-27

Tuesday, Sept. 23 Women and Franchising  8:30-10 a.m. TN Small Business Development Center: 100 Cherokee Blvd. Many organizations and programs recognize the value of women in the franchise industry and there are many programs and incentives available to help women succeed. We will discuss this more during this session along with the following topics:  Why ... (click for more)

EPB Says "Close To A Wash" On City Street Light Billing

EPB President Harold DePriest denied Wednesday that EPB owes the city over $1 million on street light billing. He stated,  “EPB has never said that we owe the city $1.2 million. When all the facts are taken into account, the financial difference is close to a wash.” Mr. DePriest said, "I regret that this complicated issue has been oversimplified in some reports. As we’ve ... (click for more)

New Red Bank Zoning Ordinance Is Ready For Review

The new Red Bank zoning ordinance is ready for review, City Manager Randall Smith said Tuesday night. It can be seen on www.redbanktn.gov and the link to zoning regulations. The new ordinance will replace one that was created 30 years ago.    The plan will encompass both residential and commercial development and is intended to direct ... (click for more)

Why So Much For A Rail Study?

From the things that make you go hmm department. Ok, so the feds are giving us $400k and the city is kicking in another $300k for a total of $700k to do a study on having in town rail service. Why so much for a study? Don't get me wrong, I'm totally down with Chattanooga having some passenger trains running around. I get that. It's awesome. We've needed it for a long time. I ... (click for more)

Roy Exum: My Aunt Martha

During my first year at Ole Miss, I was so distracted by the stunning coeds on campus that I paid too much attention to the wrong kind of figures. I ended up flubbing a math class, which at the time was most serious and potentially deadly for an American boy. It meant I didn't have enough credit hours to avoid the draft and in almost no time I got a red, gut-retching postcard that ... (click for more)