Thurmond v. Mid-Cumberland Infectious Disease Consultants, PLC

Plaintiff filed a health care liability action against Defendant-health care providers. Six days before filing his complaint, Defendant sent a pre-suit notice of his potential claim to each Defendant by certified mail, return receipt requested, as permitted by Tenn. Code Ann. 29-26-121(a)(1). Defendants filed a motion to dismiss on the basis that Plaintiff failed to file with his complaint an affidavit of the person who had sent the pre-suit notice by certified mail. The trial court dismissed the complaint. The court of appeals affirmed but noted the harsh results strict compliance produces in cases such as this one where no prejudice is alleged. The Supreme Court reversed and reinstated the complaint, holding (1) the statutory requirement that an affidavit of the person who sent the pre-suit notice by certified mail be filed with the complaint may be satisfied by substantial compliance; and (2) Plaintiff substantially complied with the statute in this case. View "Thurmond v. Mid-Cumberland Infectious Disease Consultants, PLC " on Justia Law