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Howard v. Kindred Nursing Ctrs. Ltd. P’ship, 2006 Tenn. App. LEXIS 521 (Tenn. Ct. App. 2006)

Resident died in April 2000. Suit was filed in February 2002. The action was removed to federal court but was later remanded. Kindred and a hospital defendant argued that the one-year statute of limitations had expired; Plaintiff countered that they were prevented from filing an action within one year because Kindred was in bankruptcy and actions against it were stayed. The trial court dismissed the action on Defendants’ motion. The record showed that the bankruptcy court order deemed actions to be timely filed if commenced within 30 days after there was no bankruptcy prohibition for doing so and the stay was lifted on July 16, 2001; suit was not filed until February 25, 2002. Tennessee’s Medical Malpractice Act includes a one-year statute of limitations, T.C.A. ยง 28-3-104, which is measured from the date the cause of action accrues. The action was untimely and was properly dismissed. Decided: August 2, 2006.

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