Day on Torts

Practical Procedure and Evidence Blog

My other blog is Practical Procedure and Evidence.  This is where I share new case law and practical tips on using the rules of procedure and evidence in your Tennessee law practice.

By way of example, today’s post addresses the issue of whether a plaintiff who is facing a motion to amend may amend his, her or its complaint without filing a motion to amend.  The answer is “yes,” so long as the plaintiff has not previously amended the complaint and no answer has been filed.  The post includes citations to the relevant case law.

There are 100 other posts similar to this one – posts the advise (or remind) you on a given issue of procedure or evidence and give you citations to the relevant case law.   Each post gives you a real head start on researching evidence and procedure issues.

HCLA dismissal based on statute of limitations partially reversed.

Where plaintiff’s HCLA complaint cited alleged negligent acts that occurred at different times over a period of a few months, the trial court’s dismissal of the complaint as time-barred was affirmed in part and reversed in part. Dismissal of the claims related to the care plaintiff received less than one year prior to the filing of his complaint was reversed.

In Vandergriff v. Erlanger Health Systems, No. E2022-00706-COA-R3-CV (Tenn. Ct. App. Nov. 29, 2023), plaintiff was assaulted with a baseball bat on February 20, 2020, and he sought medical treatment from defendants on March 1. After his initial surgery on March 1, plaintiff returned several times with complications and for further treatment. On March 25, plaintiff had a second surgery; on April 6, plaintiff returned and complained about pus drainage; on May 4, he again complained about pus drainage; he was readmitted on May 8 for his third surgery; he was diagnosed with a bone infection after the third surgery; he had a seizure on June 29; and he noticed increased drainage on July 4.

Plaintiff sent pre-suit notice to four defendants on December 15, 2020, but the HIPAA release he sent with the notice did not specify which providers could release records or obtain records from each other. Plaintiff then filed his pro se complaint on April 14, 2021.

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