 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hancock v. Chattanooga-Hamilton County Hospital Authority8/31/2001
ant to Tenn. Code Ann. § 29-26-116. Section 29-26-116 of the Tennessee Code Annotated provides that in medical malpractice actions the statute of limitations is one year and the statute of repose is three years from the date of the negligent act. Tenn. Code Ann. § 29-26-116 (1980).
Breanna's death occurred on January 20, 1994. The Hancocks filed suit for Breanna's wrongful death on December 15, 1994, within the one year statute of limitations. The trial court, however, concluded that the motion to amend the complaint filed on July 20, 1999, set forth a previously unrecognized claim for consortium losses and was barred by Tenn. Code Ann. § 29-26-116. We stated in Jordan that our holding did not create a new cause of action but merely refined the term "pecuniary value." Jordan, 984 S.W.2d at 601. The Hancocks' motion to amend the complaint to include consortium damages simply served to provide notice that the plaintiffs were seeking consortium damages as a component of the pecuniary damages previously sought. Accordingly, the Hancocks are not barred from seeking filial consortium damages.
III. CONCLUSION
Section 20-5-113 of the Tennessee Code Annotated allows recovery of filial consortium damages as a part of the pecuniary value of the decedent's life. Further, an amendment to the complaint requesting filial consortium damages is not barred by Tenn. Code Ann. § 29-26-116 because the amendment does not state a new cause of action. Accordingly, the decision of the Court of Appeals is reversed, and the case is remanded to the trial court for proceedings consistent with this opinion. Costs are assessed to the appellees, the Chattanooga-Hamilton County Hospital Authority, d/b/a T.C. Thompson Children's Hospital, and Kenneth Platt, M.D., for which execution may issue if necessary.
Page 1 2 3 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|