Deborah Lacy v. Kevin Mitchell, D.C., et al.

This appeal arises from the trial court’s dismissal of the plaintiff’s complaint based on her failure to comply with the pre-suit notice and certificate of good faith requirements of the Tennessee Health Care Liability Act (“THCLA”). On appeal, the plaintiff contends that she was not obligated to comply with the THCLA’s procedural requirements because her complaint did not assert a health care liability claim. Having reviewed the complaint, we conclude that it asserts two separate and distinct claims: one health care liability claim and one non-health care liability claim. We therefore affirm the trial court’s dismissal of the health care liability claim, vacate the trial court’s dismissal of the non-health care liability claim, and remand the case for further proceedings.