Eugene Moxley v. AMISUB SFH, Inc. d/b/a Saint Francis Hospital, et al.

This is the second appeal in this healthcare liability case. In the first appeal, which was taken under Tennessee Rule of Appellate Procedure 9, this Court reversed the trial court’s denial of Appellees’/healthcare providers’ Tennessee Rule of Civil Procedure 12.02(6) motion. The trial court held that, although Appellant/patient failed to substantially comply with the pre-suit notice requirement of Tennessee Code Annotated section 29-26- 121(a)(2)(E), Appellant showed extraordinary cause to excuse the noncompliance. The only question certified in the Rule 9 appeal was whether the trial court erred in finding extraordinary cause. We determined that it did and reversed the extraordinary cause finding but left undisturbed the trial court’s finding on substantial compliance. On remand, the trial court granted Appellees’ motion to dismiss without hearing. Now, in this Tennessee Rule of Appellate Procedure 3 appeal, we review the trial court’s initial finding that Appellant did not substantially comply with the statutory requirements. Because the trial court applied an incorrect legal standard in so finding, we vacate the order granting Appellees’ motion to dismiss and remand for reconsideration of the question of substantial compliance under the correct legal standard.