TBA Law Blog


Posted by: Paul Burch on Jul 20, 2023

The Tennessee Supreme Court issued opinions in two cases today asserting that the plaintiffs in those cases could proceed with their vicarious liability claims, which were timely filed, against the defendant hospitals, even though the statute of limitations would have barred any claims against the hospitals’ agents. The court concluded that, in the circumstances of these cases, the Health Care Liability Act abrogates a common-law rule known as the operation-of-law exception. The justices filed several separate opinions in the cases, which are available here: Ultsch opinion authored by Justice Sarah Campbell, Ultsch opinion authored by Justice Sharon Lee, Ultsch opinion authored by Justice Jeff Bivins, Gardner opinion authored by Justice Sarah Campbell, Gardner opinion authored by Justice Sharon Lee and Gardner opinion authored by Justice Jeff Bivins.