Melinda Long, as Administrator of the Estate of Opal Hughes v. Hillcrest Healthcare - West et al. - Concur

Case Number
E2009-01405-COA-R3-CV

I agree with the majority’s conclusion that, to the extent the allegations of the complaint allege medical malpractice1, the defendants are entitled to summary disposition of that claim. This is true because the material filed by the defendants in support of their motion clearly establishes that the plaintiff failed to satisfy the pre-filing requirements of the applicable statute as it pertains to a complaint sounding exclusively in medical malpractice. See Tenn. Code Ann. § 29-26-121 (Supp. 20092). I cannot concur, however, that the allegations of the complaint sound exclusively in medical malpractice.

Authoring Judge
Judge Charles D. Susano
Originating Judge
Judge Wheeler A. Rosenbalm
Case Name
Melinda Long, as Administrator of the Estate of Opal Hughes v. Hillcrest Healthcare - West et al. - Concur
Date Filed
Dissent or Concur
This is a dissenting opinion