Holding that "a plaintiff must substantially comply, rather than strictly comply, with the requirements of Tenn. Code Ann. § 29-26-121(E)," which deals with the HIPAA-compliant medical authorization
221 S.W.3d 32 (Tenn. Ct. App. 2007) Cited 147 times
Holding constructive frauds concern "a breach of a legal or equitable duty, with or without fraudulent intent, and entail as an attribute of fraud, conduct which reasonably can be expected to influence the conduct of others."
505 S.W.3d 875 (Tenn. Ct. App. 2016) Cited 35 times
Holding that an action involving the plaintiff's fall from an allegedly faulty stool after undergoing an x-ray was governed by the pre-suit notice requirements of the Health Care Liability Act
Tenn. Code § 29-26-121 Cited 363 times 5 Legal Analyses
Requiring that, 60 days before filing a medical negligence suit, a prospective plaintiff provide notice and, inter alia, “ HIPAA compliant medical authorization permitting the [prospective defendant] to obtain complete medical records from each other provider being sent a notice”
Tenn. Code § 29-28-102 Cited 223 times 1 Legal Analyses
Recognizing "actions based upon ... breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent" as "[p]roduct liability action"