Helen Shaw as Administrator for the Estate of John Suttle v. Lawrence B. Gross, M.D., et al.

Helen Shaw as Administrator for the Estate of John Suttle v. Lawrence B. Gross, M.D., et al.
W2017-00441-COA-R3-CV

The plaintiff in a health care liability action appeals the dismissal of her claim on the basis of the expiration of the statute of limitations and the failure to provide pre-suit notice compliant with Tennessee Code Annotated section 29-26-121(a)(3)(B). Because the undisputed facts in the record fail to establish that decedent was aware of the alleged misdiagnosis prior to his death, we reverse the trial court’s ruling on this issue. We also determine that the trial court failed to apply the appropriate standard or adequately explain its decision regarding the plaintiff’s alleged non-compliance with section 29-26- 121(a)(3)(B). We therefore vacate the dismissal of the complaint on this basis and remand for reconsideration in light of the appropriate standard. Reversed in part, vacated in part, and remanded.

Authoring Judge: 
Presiding Judge J. Steven Stafford
Originating Judge: 
Judge Valerie L. Smith
Date Filed: 
Friday, February 9, 2018