Curtis Myers v. Amisub (SFH), Inc., d/b/a St. Francis Hospital

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that dictionary definitions may be used to determine how terms are “commonly defined”
• discussing the importance of notice relating to the continuation of medical malpractice claims
• noting “[t]he proper way for a defendant to challenge a complaint’s compliance with Tennessee Code Annotated section 29-26-121 and Tennessee Code Annotated section 29-26- 122 is to file a Tennessee Rule of Procedure 12.02 motion to dismiss.”
• “‘When “shall” is used . . . it is ordinarily construed as being mandatory and not discretionary.’”
• “We hold that the statutory requirement[] that a plaintiff give sixty days pre-suit notice . . . [is a] mandatory requirement[] and not subject to substantial compliance.”
• “The proper way for a defendant to challenge a complaint’s compliance with Tennessee Code Annotated section 29-26-121 is to file a Tennessee Rule of Procedure 12.02 motion to dismiss.”

Source: CourtListener parenthetical corpus (CC0).