Sean W. Martin and Michael J. Petherick of the Chattanooga office of Carr Allison successfully obtained dismissal of a health care liability action.
The Plaintiff alleged that her now deceased father fell trying to walk from the x-ray table to his wheelchair. The Plaintiff asserted a general negligence action against the hospital and its employee for failing to supervise the Plaintiff and prevent his fall. The Plaintiff did not comply with the Tennessee Health Care Liability Act in its pre-suit notice requirements. The Plaintiff’s position was that the alleged negligent actions of the hospital and its employees did not arise from the provision of health care services and thus was not a health care liability action which required pre-suit notice prior to filing. The court disagreed and dismissed the Plaintiff’s claim in its entirety. No appeal was taken.