Court Reviews Whether Plaintiffs Complied with the TCA’s Notice Requirements in a Medical Malpractice Case

KARAH and RYAN DePUE, et al., v. CHARLES D. SCHROEDER, et al. (Tenn. Ct. App. February 15, 2011)

Plaintiffs filed their Complaint alleging medical malpractice against numerous healthcare providers on May 26, 2009. They alleged that they had given the notice requirements of Tenn. Code Ann. section 29-26-121(a) prior to April 8, 2009 to the defendants. The defendants filed several motions, including motions for summary judgment, stating that plaintiffs failed to comply with the notice requirements of Tenn. Code Ann. section 29-26-121. The record establishes that plaintiffs did not give the requisite notice, "at least 60 days before the filing of their Complaint". In response to the motions for summary judgment the Trial Court excused compliance with the code section and defendants appealed. On appeal, we reverse the holding of the Trial Court on the grounds that non-compliance with the code section could only be excused upon the showing of extraordinary cause.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/depuek_021511.pdf

MCCLARTY dissenting
http://www.tba2.org/tba_files/TCA/2011/depuek_DIS_021511.pdf