TBA Law Blog

TBA Law Blog

Court Clarifies Interplay Between Health Care Liability Act and Saving Statute

Posted by: Azya Thornton on Jan 22, 2025

The Tennessee Supreme Court ruled today that a plaintiff who did not refile a negligence lawsuit against Vanderbilt University Medical Center within the required one-year time frame could not assert an extension based on the Health Care Liability Act. According to a press release from the Administrative Office of the Courts, the case began when Clayton D. Richards, a former patient at the medical center, filed a negligence lawsuit in 2014 after giving pre-suit notice as required by law. The lawsuit was voluntarily dismissed without prejudice, allowing Richards the opportunity to refile the complaint within a year. However, instead of refiling within that time, Richards argued that the act provided a 120-day extension under the Saving Statute, making his lawsuit timely. The trial court disagreed and dismissed the complaint. The Court of Appeals upheld the trial court’s decision, and in a unanimous opinion, the Supreme Court agreed, concluding that the claims were untimely.

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.