Session March 21, 2017
from the Circuit Court for Davidson County No. 15C2556Thomas
W. Brothers, Judge
brought a pro se action against several medical
providers for injuries sustained when she was allegedly
beaten during medical procedures. The trial court dismissed
the complaint, under Tennessee Rule of Civil Procedure 12.02,
for failure to comply with the procedural requirements of the
Tennessee Health Care Liability Act (THCLA). On appeal,
Appellant contends that she was not obligated to comply with
the THCLA's procedural requirements because her claim was
based in tort and did not assert a health care liability
claim. After reviewing the complaint, we conclude that it
asserts several distinct claims, some of which are health
care liability claims and some are not. We, therefore, affirm
the trial court's dismissal of the health care liability
claims, but reverse the trial court's grant of
Appellees' motions to dismiss the non-health care
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed in Part, Reversed in Part, and Remanded.
Deborah Lacy, Madison, Tennessee, appellant, Pro Se.
L. Trentham and Kevin C. Baltz, Nashville, Tennessee, for the
appellee, Robert Clendenin, III, M.D.
L. Longmire and T. William A. Caldwell, Nashville, Tennessee,
for the appellee, Premier Radiology.
Christen C. Blackburn and Michael S. Holder, Nashville,
Tennessee, for the appellee, Austin Bragdon.
Armstrong, J., delivered the opinion of the court, in which
J. Steven Stafford, P.J., W.S., and Brandon O. Gibson, J.,
1, 2015, Appellant Deborah Lacy filed a complaint against
Saint Thomas Hospital West; Saint Thomas East Tennessee;
Orthopaedic Alliance One City Formerly Baptist; Saint Thomas
Premier Radiology; Dr. Robert Clendenin, III; and Austin
Bragdon, PA-C. Saint Thomas Premier Radiology, Dr. Robert
Clendenin, III, and Austin Bragdon, PA-C are the Appellees in
this appeal. The events giving rise to Appellant's
complaint took place on July 22, 2014, July 23, 2014, August
1, 2014, and March 17, 2015. In her complaint, Ms. Lacy
alleges that the Appellees "committed the offense of
assault and battery, " by beating, electrocuting, and
burning her while she was undergoing medical testing.
Specifically, Ms. Lacy alleges that, on July 22, 2014, Dr.
Clendenin "shocked and beat [her] over four times, and
left a hole in [her] right hand palms side up on end of [her]
thumb." She also alleges that the right side of her body
is shrinking from overdose of electrical current administered
by Dr. Clendenin. Ms. Lacy's amended complaints, filed on
September 1, 2015 and October 8, 2015, allege that Dr.
Clendenin asked her to turn her palm up while he got a larger
probe. Dr. Clendenin allegedly told Ms. Lacy that "this
is going to hurt real bad." Ms. Lacy alleges that the
pain was so great that she "almost passed out." Ms.
Lacy also alleges that "[Dr. Clendenin] physically beat
[her] after the shock, " hitting her four times on the
front part of her right shoulder.
Lacy's allegations against Austin Bragdon took place on
July 23, 2014 and August 1, 2014. Specifically, Ms. Lacy
alleges that as Mr. Bragdon was positioning her in the MRI
machine, he "beat her three to four times in the
shoulder" on her left side. Additionally, Ms. Lacy
alleges that, after Mr. Bragdon took her back to her room, he
took her "medical file and beat [her] from head to ankle
up and down never saying a word." Ms. Lacy's
allegations against Premier Radiology took place on March 17,
2015. Ms. Lacy's complaints allege that she was placed in
the MRI machine, and the MRI technician beat her left leg
four times causing bruising. Ms. Lacy also alleges that she
was burned during the MRI because the machine was "too
the Appellees filed motions to dismiss pursuant to Tennessee
Rule of Civil Procedure 12.02. Appellees argued that
Appellant's allegations involve several health care
providers causing injury as part of the provision of health
care services to Ms. Lacy. Accordingly, Appellees argue that
Appellant's claims are subject to the Tennessee
Healthcare Liability Act (Tenn. Code Ann. §29-26-101 et
seq.). Because Ms. Lacy failed to provide pre-suit notice and
a certificate of good faith as required by Tennessee Code
Annotated Sections 29-26-121 and 29-26-122, Appellees argue
that her complaint should be dismissed. Ms. Lacy clearly
anticipated Appellees' argument ...