Case Number
W2012-01230-COA-R9-CV
In this interlocutory appeal, Plaintiffs challenge the constitutionality of Tennessee Code Annotated section 29-26-121, which requires a medical malpractice claimant to provide certain notice sixty days prior to filing suit. We conclude that Tennessee Code Annotated section 29-26-121 is not an unconstitutional infringement upon the courts’ rule-making authority, that it is not preempted by HIPAA, and that it does not violate the equal protection and due process provisions of state and federal law. Affirmed and Remanded.
Originating Judge
Judge Robert S. Weiss
Case Name
Charles Webb and Evangeline Webb, Individually and as Husband and Wife v. Charles Roberson, M.D., et al.
Date Filed
Dissent or Concur
No
Download PDF Version
webbcharlesopn.pdf234.61 KB