In an east Tennessee medical malpractice lawsuit, the plaintiff must do more than simply file a claim in the manner that is generally required in a negligence case. Instead, he or she must also provide certain pre-suit notice to the defendant(s) and supply the defendant(s) with a medical authorization form so that he or she may review the plaintiff’s medical records. Failing to comply with each and every one of these requirements will usually result in the dismissal of the plaintiff’s case.
Facts of the Case
In a recent case, the plaintiff was a man who sued several defendants in January 2015, alleging that he had been a victim of medical malpractice in regard to a failed hip replacement. According to the plaintiff, he had gotten an infection after the procedure and had suffered kidney failure. The plaintiff voluntarily dismissed (“nonsuited”) some of the defendants in his first lawsuit; the trial court later dismissed the complaint against the remaining defendants without prejudice, for lack of prosecution.