Court Reviews Whether an Amendment to the TCA’s Medical Malpractice Law Applies to a Case Initiated Prior to the Effective Date

PAMELA ANN BARNETT v. ELITE SPORTS MEDICINE, ET AL. (Tenn. Ct. App. December 20, 2010)

In this case, we are asked to decide whether an amendment to Tenn. Code Ann. section 29-26-122, which became effective July 1, 2009, and requires the plaintiff in a medical malpractice action to file a certificate of good faith at the time of filing suit, was properly applied to an action initiated prior to the effective date of the amendment, voluntarily dismissed and refiled after the effective date. We also consider whether the requirement that the plaintiff file a certificate of good faith applies to an action for medical battery. We affirm the judgment in part, reverse in part, and remand the case for further proceedings.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/barnettp_122010.pdf