Ashley Denson ex rel. Bobbie J. Denson v. Methodist Medical Center of Oak Ridge et al. (Health Care Liability)

Style: Ashley Denson ex rel. Bobbie J. Denson v. Methodist Medical Center of Oak Ridge et al.

TSC Docket Number: E2023-00027-SC-R11-CV

Link to Trial Court Opinion: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/E2023-27%20Maj..pdf

Summary by Trial Court:

This appeal arises from a health care liability action following the death of Ashley Denson from a cardiac event she suffered after being treated and released from Methodist Medical Center. Ms. Denson was unmarried and had two minor children at the time of her death. The statutorily-required pre-suit notice listed Ms. Denson’s mother, Bobbie J. Denson, as the claimant authorizing notice. The minor children were not identified anywhere in the notice. The subsequent complaint was filed by “ASHLEY DENSON, Deceased, by and through her Next Friend and Mother BOBBIE JO DENSON, and BOBBIE JO DENSON, Individually.” The body of the complaint lists, for the first time, Ashley Denson’s children, and states that Bobbie Denson “brings this action individually, and on behalf of Plaintiff, decedent’s surviving minor children … as Grandmother and Legal Guardian.” The defendants filed motions to dismiss, challenging Bobbie Denson’s standing to bring the action and contending that the pre-suit notice failed to comply with the requirements of the Tennessee Health Care Liability Act.1 The trial court initially granted the motions to dismiss but reversed course after the plaintiff filed a motion to reconsider. We hold that, although Grandmother has standing, the pre-suit notice does not comply with the requirements of the Tennessee Health Care Liability Act. The judgment of the trial court is ultimately affirmed in part and reversed in part

Permission to Appeal Granted: March 7, 2024

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