By The Law Offices of John Day, P.C. on Jul 09, 2025 06:15 am
Where an HCLA plaintiff filed unsigned HIPAA authorizations with her complaint, but at least one defendant admitted that the HIPAA authorization it received was actually signed, dismissal was reversed. In Buckner v. Complete Wellness Chiropractic Center, No. E2024-00698-COA-R3-CV (Tenn. Ct. App. May 15, 2025), the plaintiff suffered long-term complications after several practitioners failed to diagnose the cause of her back pain properly. She filed this healthcare liability suit against twenty defendants and asserted in her complaint that she had sent proper pre-suit notice under the HCLA. The notices attached to her complaint, however, included HIPAA authorizations that were not signed. Based on these unsigned authorizations, the defendants moved to dismiss the complaint. The plaintiff did not provide additional proof, but she insisted that she complied with the statute. The defendants argued that the error here was substantive because the plaintiff could not prove compliance, and dismissal was therefore appropriate. During oral arguments, counsel for one of the defendants was asked by the trial court whether the HIPAA authorization his client received was signed, to which he admitted that it was. The trial court nonetheless granted the motion to dismiss, but that ruling was reversed on appeal.
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