STEVENS EX REL. STEVENS v. HICKMAN COMM. HEALTH CARE SVCS.

No. M2012-00582-SC-S09-CV

418 S.W.3d 547 (2013)

Christine STEVENS ex rel. Mark STEVENS v. HICKMAN COMMUNITY HEALTH CARE SERVICES, INC. et al.

Supreme Court of Tennessee, at Nashville.

November 25, 2013.


Attorney(s) appearing for the Case

Joshua L. Hunter and Kara Beth Hunter , Nashville, Tennessee, for the appellant, Estate of Halford Whitaker, M.D.

C. Bennett Harrison, Jr. and Brian W. Holmes , Nashville, Tennessee, for the appellee, Hickman Community Health Care Services, Inc. d/b/a Hickman Community Hospital.

Richard D. Piliponis and Michael Reed Griffin , Nashville, Tennessee, for the appellee, Christine Stevens, Next of Kin of Mark Stevens, deceased, and on behalf of the wrongful death beneficiaries of Mark Stevens.

SHARON G. LEE, J., delivered the opinion of the Court, in which CORNELIA A. CLARK and WILLIAM C. KOCH, JR., JJ., joined. GARY R. WADE, C.J., and JANICE M. HOLDER, J., filed a separate concurring and dissenting opinion.


OPINION

More than sixty days before filing suit, the plaintiff gave written notice to the potential defendants of her healthcare liability claim against them. Tenn.Code Ann. § 29-26-121(a)(2)(E) (2012) requires that a plaintiff's pre-suit notice include a HIPAA compliant medical authorization that permits the healthcare provider receiving the notice to obtain complete medical records from every other provider that is being sent a notice. Contrary to the statute...

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