Samuel E. Foster, et al v. Walter William Chiles, III, M.D. - Dissent

Tennessee Code Annotated section 29-26-121(a)(1)provides thatanyperson who has a potential claim for health care liability must serve written notice on each defendant at least sixty days before filing a complaint.  In this case, the Court of Appeals held that Samuel E. Foster and his wife, Mary Foster (collectively, the “Plaintiffs”), complied with the plain language of this statute by sending notices of their potential claims well over sixty days prior to filing their complaint. Because I believe that the Court of Appeals properly interpreted the statute, I respectfully disagree with the conclusion reached by my colleagues and would remand this action for a trial on the merits rather than dismiss without prejudice to the filing of a third complaint.