J.A.C., by and through her next friend and mother, Lesha Carter v. Methodist Healthcare Memphis Hospitals, et al.

Case Number
W2016-00024-COA-R3-CV

In this health care liability action, Defendants moved to dismiss based on the Plaintiffs‘ failure to provide the Health Insurance Portability and Accountability Act ("HIPAA") medical authorization required by Tennessee Code Annotated section 29-26-121(a)(2)(E). Based on its determination that the Plaintiffs failed to substantially comply with the foregoing statute, the trial court held that the Plaintiffs were not entitled to an extension of the applicable statutes of limitations and repose under Tennessee Code Annotated section 29-26-121(c) and accordingly concluded that the Plaintiffs‘ claims were time-barred. The trial court also concluded that the Plaintiffs‘ constitutional challenges to the viability of Tennessee Code Annotated section 29-26-121 were without merit. We affirm and remand for further proceedings consistent with this Opinion.

Authoring Judge
Judge Arnold B. Goldin
Originating Judge
Judge Rhynette N. Hurd
Case Name
J.A.C., by and through her next friend and mother, Lesha Carter v. Methodist Healthcare Memphis Hospitals, et al.
Date Filed
Dissent or Concur
No
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