Wednesday, September 28, 2011

Court reviews a dismissal based on failure to comply with the requirements of the Medical Malpractice Act

ELIZABETH CUDE v. GILBERT E. HERREN, M.D., ET AL. (Tenn. Ct. App. September 26, 2011)

The trial court dismissed Plaintiff's re-filed suit for failure to comply with the 60-day notice and certificate of good faith requirements set out in the Medical Malpractice Act. Because we find such requirements applicable to Plaintiff's suit and no extraordinary cause to excuse her non-compliance, we affirm the trial court's dismissal.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/cudee_092611.pdf

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