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

Thursday, October 4, 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 .


New Hamilton County Businesses

Here are the new business licenses from the County Clerk's office: 2K ONE DESIGNS 7018 GRAZING LANE BIRCHWOOD, TN 37308 A DEBBIE COLBURN MINISTRY 5607 CLEMONS RD EAST RIDGE, TN 37412 A K ROOFING & MORE LLC 8320 WEXFORD LN CHATTANOOGA, TN 37421 ALL SAWS LLC 5958 SNOW HILL RD STE 144 BOX 102 OOLTEWAH, TN 37363 ALLN1MEDIA 2001 DAISY ST ... (click for more)

Former City Attorney Randy Nelson Goes On Disability Status

 By Order of the Tennessee Supreme Court entered February 17, 2017, the law license of Randall Lee Nelson was transferred to disability inactive status pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Mr. Nelson cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court ... (click for more)

Man, Child Killed In Crash On Highway 136 In Walker County; 2nd Child Seriously Who Was Seriously Injured Dies On Monday

A man and an unrestrained five-year-old child were killed when a vehicle went out of control on Highway 136 in Walker County on Saturday. A 10-year-old in the car was seriously injured, and later died on Monday. The driver was thrown from the van and was dead at the scene. The five-year-old was trapped in the vehicle and also died at the wreck site at Ponder Creek Road. ... (click for more)

2 People Shot After Domestic Dispute In Brainerd; Corey Moon Taken Into Custody On Saturday Night

Two people were shot during a domestic dispute in Brainerd late Friday night.   Chattanooga Police responded at 11:17 p.m. to the 4700 block of Rogers Road on a shooting. The following are the preliminary facts of that investigation.   Officers were able to locate two victims, Cortez Moon, 23, and Terri Dossett, 45, suffering from non-life threatening gunshot ... (click for more)

Rhonda Thurman: Speaking The Truth About CSLA - And Response

One parent called me a “Liar” during Thursday’s Facilities meeting. Others from CSLA have been a bit more creative saying that I spread “misinformation”, “falsehoods” and “spread inaccurate statements”. Then there were more descriptive terms- “arrogant”, “uninformed”, “unprofessional”- if these CSLA parents don’t stop, they are going to hurt my feelings. In this letter, I will attempt ... (click for more)

Roy Exum: Illegals Cost Us Billions

We learned over the weekend that John Kelly, our new Secretary of Homeland Security, has just prepared two strongly-worded memos that could greatly enhance federal authorities to detain and/or deport illegal immigrants both inside the United States and those caught at our borders. All rational United States citizens know we have a horrible problem with illegals – in 2010 the annual ... (click for more)