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Garrison smith6/1/2023 ![]() W2022-00779-COA-R3-CV _ This appeal arises from a health care liability action. Appeal from the Circuit Court for Madison County No. IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON JanuSession KIMBERLY D. Motions and denied the plaintiffs’ motion for leave to amend the complaint to substitute Accordingly, the court granted the defendants’ ![]() Thus, the court found that the surgical practice negated anĮssential element of the plaintiffs’ claim against it and demonstrated the evidence was Was not involved in the treatment at issue and did not employ the physician or any of the Additionally, the court found that the surgical practice Their complaint despite being explicitly informed before filing their complaint who the The court also noted that the plaintiffs unduly delayed seeking to amend To any potential claim against the governmental entity because they failed to provide presuit Section 29-26-121(c) when they filed their complaint and that the extension did not apply The court further explained that the plaintiffs relied on the 120-day extension contained in The court explained that any claim against the governmentalĮntity would be time-barred even if it related back to the date of the filing of the complaint. The complaint was futile because the statute of limitations had run as to any claim against The court found that the motion for leave to amend Liability Act, the trial court found that the plaintiffs had to sue the governmental entity in Pursuant to section 29-20-310(b) of the Tennessee Governmental Tort Afterward, the plaintiffs filed a motion for leave to amend their complaint to Treated as motions for summary judgment due to consideration of matters outside the The physician and the surgical practice filed motions to dismiss, which were ultimately Issue but was employed by a governmental entity that was not named as a defendant. ![]() However, the physician was not employed by the surgical practice during the treatment at Relying on the 120-day extension under Tennessee Code Annotated section 29-26-121(c). The plaintiffs filed their complaintĪgainst a physician and a surgical practice after the expiration of the statute of limitations, This appeal arises from a health care liability action. Court Description: Authoring Judge: Judge Carma Dennis McGee
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