Charlotte J. Cartwright v. DMC-Memphis Inc. d/b/a Delta Medical Center

OPINION

in which RICHARD H. DINKINS, J. and J. STEVEN STAFFORD, P.J., W.S., joined.

This appeal requires consideration of the interplay between the pre-suit notice requirements of Tennessee Code Annotated § 29-26-121 and Tennessee’s savings statute, Tennessee Code Annotated § 28-1-105. In the instant case, Plaintiff re-filed a medical malpractice action within one year of a previous voluntary non-suit. Defendants moved to dismiss the re-filed action on the basis that the pre-suit notice provided incident to the initial lawsuit was deficient. They argued that the failure to provide the required…