The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

Legislative Update

The General Assembly is back in session and that means that more than a few items of interest will be considered in the next few months.  Here are some matters under consideration that will impact the legal system and the ability of Tennesseans to have access to justice. Patients’ Compensation System Legislation proposed in 2015 and revisited in 2016 that seeks to move medical malpractice claims...

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Extraordinary Cause Found; MedMal Suit May Proceed

The recent Court of Appeals case of Betty Kirby v. Sumner Regional Medical Center offers an example of the rare instance in which “extraordinary cause” will be found to excuse non-compliance with the pre-suit notice requirement in a medical malpractice suit. Background On June 24, 2014, Plaintiff Betty Kirby filed a health care liability lawsuit against Sumner Regional Medical Center.  The...

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Legal Malpractice Case Reinstated; “Savings Statute” Applies to Tolling Agreement

The Tennessee Supreme Court recently issued its opinion in Circle C Construction, LLC. v.  D. Sean Nilsen, resulting in the reinstatement of a professional negligence case against a law firm (commonly referred to as a “malpractice” claim).  The question in the case was whether a tolling agreement regarding the filing of suit precluded the later use of the “savings...

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