Tennessee Court Reinstates Ordinary Negligence Claims In Sexual Assault Action

NASHVILLE, Tenn. – The Tennessee Court of Appeals on June 8 reinstated claims against HCA Health Services of Tennessee, saying the trial court erred in finding the plaintiff’s claims of sexual assault, insufficient supervision and lack of proper staffing to be ordinary negligence claims not governed by the Tennessee Medical Malpractice Act (TMMA) and its presuit notice requirements (McCall Brister v. HCA Health Services of Tennessee, et al., No. M2010-01996-COA-R3-CV, Tenn. App., at Nashville; 2011 Tenn. App. LEXIS 307).
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