Health Care

Three Issues to Keep an Eye On

Three Issues to Keep an Eye On

In the last issue of The Journal, I discussed whether T.C.A. §29-26-121(a)(5) required a potential defendant to correct a misnomer contained in the required notice, or to allege comparative fault. Staying on the theme of T.C.A. §29-26-121, this article will discuss three issues related to that statute facing Tennessee’s Appellate Courts that will impact the Practitioner’s handling of HCLA claims. This is not an exhaustive list, nor is it intended to be. The discussion below will not speculate on how the various courts will rule on these issues. The purpose of the article is to apprise the Practitioner of these issues, which likely will impact his or her defense of future HCLA claims.