Konah Evangeline Buckman, Mother And Next Of Kin Of Edward Kofi Sasa Lenox Buckman A/K/A Edward Welsely v. Mountain States Health Alliance - Concurring
Case Details
- Judge(s)
- Judge D. Michael Swiney, C.J.
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Appeal affirming dismissal; concurring opinion expressing concern about recurring dismissals on technical grounds
Related Laws
No specific laws identified for this ruling.
Outcome
Case dismissed on technical grounds pursuant to the Health Care Liability Act's pre-suit notice requirements, without determination of merit.
Excerpt
I concur, reluctantly, with the entirety of the opinion of the Court. I concur because this is the result mandated by statute and case law. I do so reluctantly because this case is the latest in a long line of healthcare liability actions dismissed on technical grounds since the enactment of the sections of the Health Care Liability Act governing pre-suit notice adopted by our General Assembly in 2008. This Court has seen healthcare liability case after case brought by Tennessee citizens dismissed without any determination of whether the case has any merit.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Plaintiff brought claims against Knox County and the County Clerk based on allegedly discriminatory employment practices. The trial court determined that Plaintiff committed serious discovery violations and imposed as a sanction the exclusion of certain evidence. With this evidence excluded, the trial court granted summary judgment to the Defendants. Plaintiff appeals, challenging the discovery sanction, the trial court's conclusion under the Tennessee Human Rights Act that the continuing violation doctrine did not apply, the trial court's conclusion that the Clerk was not individually liable, and the award of attorney's fees against the Plaintiff and her attorney. We affirm.
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