GERALD RUSH, ET AL.
JACKSON SURGICAL ASSOCIATES PA, ET AL.
Session January 19, 2017
from the Circuit Court for Madison County No. C-15-319 Kyle
a healthcare liability action. After sustaining injuries as a
result of alleged surgical error, Appellant filed this action
against the surgeon and his medical group. Appellees moved to
dismiss the action for failure to comply with the notice
requirement of Tennessee Code Annotated Section
29-26-121(a)(2)(E). The trial court granted the motion to
dismiss, and Appellant appeals. Discerning no error, we
affirm and remand.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court is Affirmed and Remanded.
Matthew E. Wright, Franklin, Tennessee, for the appellants,
Gerald Rush, and Betty Rush.
D. Kizer, Brandon J. Stout, Jackson, Tennessee, for the
appellees, Jackson Surgical Associates, PA, and David
Armstrong, J., delivered the opinion of the Court, in which
J. Steven Stafford, P.J., W.S., and Brandon O. Gibson, J.,
November 6, 2015, Gerald and Betty Rush (together
"Appellants") filed a healthcare liability
complaint in Madison County Circuit Court against Jackson
Surgical Associates ("JSA") and Dr. David
Villarreal (together with JSA, "Appellees"). The
complaint alleged that, on July 18, 2014, while performing
gallbladder surgery on Mr. Rush, Dr. Villarreal negligently
cut the wrong duct, clipped the hepatic artery, and cut the
small intestine causing Mr. Rush serious injuries including
December 9, 2015, Appellees filed a motion seeking dismissal
of the lawsuit pursuant to Tennessee Rule of Civil Procedure
12.02 for failure to comply with the pre-suit notice
requirements of Tennessee Code Annotated Section 29-26-121,
(a)(1) Any person, or that person's authorized agent,
asserting a potential claim for health care liability shall
give written notice of the potential claim to each health
care provider that will be a named defendant . . . .
(2) The notice shall include:
(E) A HIPAA compliant medical authorization permitting the
provider receiving the notice to obtain complete medical
records from each ...