Tennessee Supreme Court Reinstates Malpractice Suit

In a unanimous opinion, the Tennessee Supreme Court has determined that a health care liability suit can continue because a plaintiff complied fully with the requirement to provide pre-suit notice to defendants and complied substantially with the requirements to confirm the sending of the notice. Under Tennessee law, a plaintiff in a medical malpractice suit — referred to by statute as a “health care liability action” — must serve written notice of their potential claim on all potential health care provider defendants at least 60 days before filing a complaint. The pre-suit notice may be served by certified mail. The law states that compliance with the service requirement shall be demonstrated by, among other things, filing an affidavit with the complaint confirming that pre-suit notice was properly served.