The Tennessee Supreme Court has reinstated a medical malpractice lawsuit that had been thrown out by lower courts because the plaintiff failed to file paperwork to confirm it had met notice requirements.
Richard Thurmond, who is suing Mid-Cumberland Infectious Disease Consultants, followed a state law that requires 60-day written notice that he intended to file the lawsuit. But he did not meet another requirement to file an affidavit with his complaint confirming he had sent the letters.
The judge in the original case in Montgomery County Circuit Court “reluctantly” dismissed the lawsuit, and the Court of Appeals agreed with that ruling despite calling it “harsh.”
The Supreme Court last Thursday reversed the lower courts, noting that the defendant did not deny receiving the notice.