The new Tennessee Medical Malpractice Act has two mandatory provisions. The Act states that a litigant SHALL: (1) give the doctor at least 60 days notice of intent to sue and along with medical authorizations, and (2) that the actual suit include a Good Faith affidavit from a doctor saying that there's medical malpractice. There are several appellate decisions reiterating this mandatory nature of the new Act.
If a lawyer does not comply with these provisions, and the case is dismissed on this basis, is it legal malpractice by the lawyer? (Assume that there's medical malpractice causing a death in the underlying case.)
This is the actual situation. We are seeking an experienced TN medical malpractice lawyer willing to review the records, sign an affidavit, and testify at trial.
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