Monday, November 21, 2011

Court reviews whether trial court properly dismissed a medical malpractice case that was filed without a Certificate of Good Faith

PAULETTA C. CRAWFORD, ET AL. v. EUGENE KAVANAUGH, M.D. (Tenn. Ct. App. November 21, 2011)

This is a medical malpractice case in which Pauletta C. Crawford ("Wife") and James Crawford ("Husband") filed suit against Eugene Kavanaugh, M.D. ("Doctor"). While the suit was pending, Tennessee Code Annotated section 29-26-122 was amended to require the contemporaneous filing of a certificate of good faith with complaints alleging medical malpractice. Husband and Wife (collectively the "Crawfords") dismissed their suit and filed a new complaint that did not include a certificate of good faith. Doctor filed a motion to dismiss, and the court dismissed the case. The Crawfords appeal. We affirm the trial court.

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