487 S.W.3d 114
Tenn. Ct. App.2014Background
- This is a Tennessee health care liability action arising from the death of David Hamilton; Donna Hamilton sues Abercrombie Radiological Consultants, Inc. and Dr. Donna K. Culhane.
- Plaintiff filed pre-suit notices in January 2010 that included HIPAA medical releases, which allegedly had an open date line allowing defendants to fill in the date later.
- Defendants moved to dismiss for noncompliance with the pre-suit notice requirements, arguing the HIPAA release was not properly dated and thus not compliant under §29-26-121(a)(2)(E).
- The circuit court granted dismissal with prejudice, concluding the release was non-HIPAA compliant and plaintiffs were barred by the statute of limitations.
- The Court of Appeals reversed, holding that substantial, not strict, compliance with the HIPAA authorization is required and that the open date line did not warrant dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether open date line constitutes substantial compliance | Hamilton argues substantial compliance suffices under Stevens and Thurmond. | Appellees contend strict compliance is required for the HIPAA release. | Substantial compliance controls; open date line not fatal |
| Whether dismissal with prejudice was proper | No prejudice shown from minor HIPAA defect; dismissal should be without prejudice. | Noncompliance deprives defendants of access to records; dismissal with prejudice appropriate. | Court remands; does not reach prejudice-based dismissal ruling |
Key Cases Cited
- Myers v. AMISUB (SFH), Inc., 382 S.W.3d 300 (Tenn. 2012) (pre-suit notice content must be reviewed for compliance with statutory standards; burden-shifting framework)
- Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc., 418 S.W.3d 547 (Tenn. 2013) (substantial compliance allowed for HIPAA element if records obtainable)
- Thurmond v. Mid–Cumberland Infectious Disease Consultants, PLC, 433 S.W.3d 512 (Tenn. 2014) (substantial compliance standard applicable to pre-suit notice content)