Skip to main content

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

Tenn. Ct. App.July 26, 2018No. E2017-01766-COA-R3-CV
Facing something similar at work?Check your rights — free, private, no sign-up

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

**What Happened:** Konah Buckman sued Mountain States Health Alliance on behalf of her deceased relative, Edward Buckman, claiming the healthcare provider was responsible for his death. This was a medical malpractice lawsuit seeking to hold the hospital accountable for alleged negligent care. **What the Court Decided:** The court dismissed the case without ever examining whether the hospital actually did anything wrong. Instead, the lawsuit was thrown out because Buckman failed to follow specific procedural requirements under Tennessee's Health Care Liability Act. This law, passed in 2008, requires people suing healthcare providers to give formal advance notice before filing their lawsuit. Since Buckman didn't properly complete this pre-lawsuit notification process, the case was dismissed on technical grounds. **Why This Matters for Workers:** This ruling highlights a significant barrier that workers and families face when trying to hold healthcare employers accountable. Even if you have a valid claim against a hospital or medical facility, your case can be dismissed entirely if you don't navigate complex procedural requirements correctly. The judge noted this was just one of many similar cases dismissed for technical reasons since 2008, suggesting these rules may be making it harder for workers and patients to seek justice when medical care goes wrong.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.