Ricky Lee Johnson v. Knoxville HMA Cardiology PPM, LLC

Ricky Lee Johnson v. Knoxville HMA Cardiology PPM, LLC
E2019-00818-COA-R3-CV

In this action involving injuries allegedly caused by the defendant medical providers’ failure to provide a safe examination table, the trial court determined that the plaintiff’s negligence claim was actually a health care liability claim and granted the defendants’ motion to dismiss the complaint with prejudice for failure to provide written pre-suit notice to the defendants within the one-year statute of limitations pursuant to Tennessee Code Annotated § 29-26-121(a) (Supp. 2019) of the Tennessee Health Care Liability Act (“THCLA”). The plaintiff has appealed, conceding that he failed to provide written presuit notice but asserting that his claim should not have been dismissed because it was not a health care liability claim. Having determined that the trial court properly found that the plaintiff’s claim was a health care liability action, we affirm the dismissal of this matter. However, having also determined that the proper sanction for the plaintiff’s failure to provide pre-suit notice under the THCLA was dismissal without prejudice, we modify the trial court’s dismissal of the claim to be without prejudice.

Authoring Judge: 
Judge Thomas R. Frierson, II
Originating Judge: 
Judge Kristi M. Davis
Date Filed: 
Tuesday, March 24, 2020