Cases

Howard v. Kindred Nursing Ctrs. Ltd. P’ship, 2006 Tenn. App. LEXIS 521 (Tenn. Ct. App. 2006)

Resident died in April 2000. Suit was filed in February 2002. The action was removed to federal court but was later remanded. Kindred and a hospital defendant argued that the one-year statute of limitations had expired; Plaintiff countered that they were prevented from filing an action within one year because Kindred was in bankruptcy and actions against it were stayed. The trial court dismissed the action on Defendants’ motion. The record showed that the bankruptcy court order deemed actions to be timely filed if commenced within 30 days after there was no bankruptcy prohibition for doing so and the stay was lifted on July 16, 2001; suit was not filed until February 25, 2002. Tennessee’s Medical Malpractice Act includes a one-year statute of limitations, T.C.A. § 28-3-104, which is measured from the date the cause of action accrues. The action was untimely and was properly dismissed. Decided: August 2, 2006.

Published by
David McGuffey
Tags: Tennessee

Recent Posts

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

3 days ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 weeks ago

Social Security Announces 2.5 Percent Benefit Increase for 2025

On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…

1 month ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer…

1 month ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…

2 months ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of…

2 months ago