Myers v. Amisub (SFH), Inc.

October 6, 2012 by Justia

Plaintiff filed a medical malpractice action against several health care providers and subsequently dismissed the lawsuit, Plaintff re-filed the action after the legislature enacted Tenn. Code Ann. 29-26-121 and Tenn. Code Ann. 29-26-12. Defendants moved to dismiss the complaint based on Plaintiff's failure to comply with sections 29-26-121 and 122. The trial court denied the motion, finding that Plaintiff's original suit constituted substantial compliance with the statutes' requirements and that extraordinary cause existed to excuse complaince with the requirements of section 29-26-121. The court of appeals reversed on interlocutory appeal. The Supreme Court affirmed, holding (1) the statutory requirements that a plaintiff give sixty days presuit notice and file a certificate of good faith with the complaint are mandatory requirements and not subject to substantial compliance; and (2) Plaintiff's failure to comply with section 29-26-122 by filing to certificate of good faith with his complaint required a dismissal with prejudice. View "Myers v. Amisub (SFH), Inc." on Justia Law