By The Law Offices of John Day, P.C. on Dec 15, 2023 05:59 am
Where an HCLA pre-suit notice was sent by decedent’s mother, but the notice failed to mention decedent’s two minor children who were the proper parties to bring the action, the trial court should have granted defendant hospital’s motion to dismiss. In Denson v. Methodist Medical Center of Oak Ridge, No. E2023-00027-COA-R9-CV (Tenn. Ct. App. Oct. 12, 2023), decedent died of cardiac arrest shortly after being discharged from defendant hospital. Decedent had two minor children who were then placed with their maternal grandmother (decedent’s mother), and the grandmother was named the temporary custodian of the children. The grandmother sent pre-suit notice of an HCLA claim to defendants, which listed the grandmother as the claimant. The pre-suit notice did not mention the minor children. The grandmother then filed this HCLA suit as “Decedent’ mother and next friend and individually,” and in the complaint, she alleged for the first time that she was bringing the suit “on behalf of…decedent’s surviving minor children…as Grandmother and Legal Guardian.”
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