Session May 24, 2017
from the Circuit Court for Davidson County No. 16C-1053
Thomas W. Brothers, Judge.
sued a physician, alleging that the physician's handshake
caused her injuries and that the physician failed to properly
document her medical records. The trial court dismissed
plaintiff's claims for failure to comply with the
pre-suit notice and certificate of good faith requirements of
the Health Care Liability Act. We conclude that the claim of
failure to properly document plaintiff's medical records
relates to the provision of, or failure to provide, health
care services. Therefore, we affirm the dismissal of that
claim for failure to comply with the Health Care Liability
Act's procedural requirements. But we conclude the trial
court erred in dismissing plaintiff's claim for injuries
allegedly caused by the physician's handshake. Thus, we
affirm in part, reverse in part, and remand for further
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed in Part; Reversed in Part; and Case
Deborah Lacy, Madison, Tennessee, appellant, pro se.
F. Reynolds and Ashley B. Waddle, Nashville, Tennessee, for
the appellee, Nagendra Ramanna.
Neal McBrayer, J., delivered the opinion of the court, in
which Frank G. Clement Jr., P.J., M.S., and Richard H.
Dinkins, J., joined.
NEAL McBRAYER, JUDGE.
appeal, we consider whether the claims of Deborah Lacy
against Dr. Nagendra Ramanna were properly dismissed for
failure to comply with the procedural requirements of the
Health Care Liability Act (the
April 14, 2016, Ms. Lacy filed a complaint against Dr.
Ramanna in the Circuit Court for Davidson County, Tennessee.
The complaint asserted two distinct claims against him. As to
the first claim, the complaint alleged that Ms. Lacy made an
appointment with Dr. Ramanna, a cardiologist, "to check
why she was getting so out of breath while doing her daily
chores since February 11, 2015." According to the
complaint, "upon entering the room . . . Plaintiff
extended her right hand for the [sic] Dr. Nagendra Ramanna to
shake her hand and this is when he squeezed Plaintiff [sic]
fingers to [sic] hard." Ms. Lacy generally described
this interaction as "a beating" or
"assault." As a result, Ms. Lacy complained that
her "hand is in constant pain" and "the
fingers no longer have any strength." As to the second
claim, Ms. Lacy alleged that Dr. Ramanna "was also in
[sic] fault when he read the Sonogram and did not add it to
Plaintiff Lacy [sic] Medical Records." Filed with the
complaint was a certificate of good faith signed by Ms.
response, Dr. Ramanna filed a motion to dismiss, citing Ms.
Lacy's failure to comply with the written pre-suit notice
and certificate of good faith requirements under the Act.
See Tenn. Code Ann. §§ 29-26-121 to -122
(2012 & Supp. 2017). According to Dr. Ramanna, Ms.
Lacy's claims were governed by the Act because
"[a]ll of the alleged events occurred during Dr.
Ramanna's provision of medical care to Plaintiff."
7, 2016, the court entered an order granting Dr.
Ramanna's motion and dismissing the claims against him
with prejudice. The court concluded that Ms. Lacy's
claims were governed by the Act. And the court found that Ms.
Lacy failed to submit proof that she provided pre-suit
written notice to Dr. ...