Samuel E. Foster et al. v. Walter William Chiles, III, M.D. et al.

Summary

The Tennessee Supreme Court held that Tennessee Code Annotated section 29-26-121(a)(1) requires plaintiffs asserting a health care liability claim to provide pre-suit notice before filing each complaint, including a complaint refiled after voluntary dismissal. The Court further held that failure to provide the required notice warrants dismissal without prejudice. The Court reversed the Court of Appeals and dismissed the action without prejudice.

Holdings

1. Tennessee Code Annotated section 29-26-121(a)(1) requires a plaintiff to provide written pre-suit notice to each prospective health care defendant at least sixty days before filing each health care liability complaint, including a complaint refiled after dismissal.
2. The proper sanction for noncompliance with Tennessee Code Annotated section 29-26-121(a)(1) is dismissal without prejudice.

Questions Presented

1. Whether Tennessee Code Annotated section 29-26-121(a)(1) requires a plaintiff asserting a health care liability claim to provide written pre-suit notice before filing each complaint, including a complaint refiled after voluntary dismissal.
2. Whether the sanction for failure to comply with Tennessee Code Annotated section 29-26-121(a)(1) is dismissal with prejudice or dismissal without prejudice.

Disposition

dismissed