The Tennessee Supreme Court recently ruled Tennessee’s Health Care Liability Act (HCLA) requires defendants to provide plaintiffs with written notice of when plaintiff sues the wrong defendant. However, the Court further determined the HCLA does not otherwise provide a penalty or remedy where defendant fails to comply with its notice requirements under the law.
In the recent Supreme Court case Lataisha M. Jackson v. Charles Anthony Burrell, et al. (“Jackson”), the Court reinforced the Common Knowledge Exception to mandatory Expert Certification pursuant to Tenn. Code § 29-26-122(a). (W2018-00057-SC-R11-CV; filed June 12, 2020.) This significant development ends a six-year legal battle, effectively removing a plaintiff’s additional burden to provide expert support when filing a complaint involving sexual assault against health care providers where there are allegations of prior misconduct.
Traditionally, under Tennessee workers’ compensation law, there is an exemption for out-of-state employers from being legally required to obtain workers’ compensation coverage in Tennessee for the employees who are “temporarily in Tennessee, not to exceed 14 consecutive days or 25 days total per year; provided, that the employer has coverage in the employer’s home state and such coverage applies to the employer’s employees while temporarily located in Tennessee.”