Court Reviews a Motion to Dismiss for Failure to State a Claim in a Case Involving a Hospital

MCCALL BRISTER v. HCA HEALTH SERVICES OF TENNESSEE, ET AL. (Tenn. Ct. App. June 9, 2011)



This is an appeal from the trial court's grant of a hospital's motion to dismiss for failure to state a claim upon which relief can be granted. The trial court determined that plaintiff's claim sounded in medical malpractice and dismissed plaintiff's claim for failure to comply with the written notice and certificate of good faith requirements of the Tennessee Medical Malpractice Act. Finding that Plaintiff's complaint states claim for ordinary negligence and premises liability, we reverse the trial court and remand the case for further proceedings. 


Opinion available at:

http://www.tba2.org/tba_files/TCA/2011/bristerm_060911.pdf