Hathaway v. Middle Tennessee Anesthesiology

The sole issue in this case is whether the “discovery rule” generally applied in personal tort actions is available in medical malpractice cases in which the injured party has died as a result of the negligent act. The majority has concluded that it does, and I concur with this result. It was foretold in Gosnell v. Ashland Chemical, Inc., 674 S.W.2d 737, 739 (Tenn.Ct.App.1984). Notwithstanding the appellees’ criticism of this case, it has been approved by the Tennessee Supreme Court.1

At common law, every right of action for personal injury abated with the death of the injured person. Trafford…