News release from Administrative Office of the Courts:
Nashville, Tenn. – Today the Tennessee Supreme Court dismissed a lawsuit filed against several Hickman County medical providers because they were not given a required release that allows potential defendants to access a plaintiff’s relevant medical records before suit is filed.
Christine Stevens filed the action against a hospital, an emergency room, and a doctor following the death of her husband, Mark Stevens, who had sought treatment at the Hickman Community Hospital emergency room.
Tennessee law provides that before filing a healthcare liability lawsuit, a plaintiff must provide notice of the claim to the potential defendants and include within the notice a medical release compliant with the Health Insurance Portability and Accountability Act of 1996 – a federal law commonly known as HIPAA – which allows the potential defendants to obtain relevant medical records from each other.
According to Justice Sharon G. Lee, who wrote for the majority, the medical release requirement provides a means for the defendants to evaluate the merits of a plaintiff’s claim by giving them early access to a plaintiff’s medical records. Finding that the plaintiff’s medical release had both failed to comply with HIPAA and failed to authorize the release of the plaintiff’s medical records to the defendants, the majority held that the plaintiff’s medical release “was woefully deficient” and dismissed her claim.
Continue reading