Tennessee High Court Reinstates Malpractice Lawsuit
The Tennessee Supreme Court has reinstated a medical malpractice lawsuit that had been thrown out by lower courts because the plaintiff failed to file paperwork to confirm it had met notice requirements.
Richard Thurmond, who is suing Mid-Cumberland Infectious Disease Consultants, followed a state law that requires 60-day written notice that he intended to file the lawsuit. But he did not meet another requirement to file an affidavit with his complaint confirming he had sent the letters.
The judge in the original case in Montgomery County Circuit Court “reluctantly” dismissed the lawsuit, and the Court of Appeals agreed with that ruling despite calling it “harsh.”
The Supreme Court on Thursday reversed the lower courts, noting that the defendant did not deny receiving the notice.
- Jury Awards $80M to 3 Former Zurich NA Employees for Wrongful Termination
- 4,800 Claims Handled by Unlicensed Adjusters in Florida After Irma, Lawsuit Says
- Florida’s Home Insurance Industry May Be Worse Than Anyone Realizes
- Farm Bureau Must Defend Insured in Deadly Legionnaires’ Disease Outbreak in Carolina
- Mother of 8-Year-Old ‘Violently Sucked’ into Houston Hotel Pool Files Wrongful Death Suit
- Millions of Recalled Hyundai and Kia Vehicles, With Dangerous Defect, Remain on Road
- Report: Vehicle Complexity, Labor ‘Reshaping’ Auto Insurance and Collision Repair
- Ship Owner in Bridge Collapse Seeks to Limit Its Liability