On January 15, 2021, in a healthcare liability action brought by a hospital patient against a governmental hospital, the Tennessee Court of Appeals affirmed the Circuit Court for Shelby County, Tennessee’s grant of a summary judgment in favor of Regional One Health based upon a finding that the plaintiff patient failed to provide evidence that the defendant hospital’s immunity under the Tennessee Governmental Tort Liability Act is waived due to some action/inaction of an employee of the hospital defendant.
In this case, Regional One Health, a municipal and/or governmental entity within the definition outlined in T.C.A. Section 29-20-205, was the sole defendant.
The biggest takeaway from this case is that in order to sustain a healthcare liability action against a governmental hospital, a plaintiff will be required to provide evidence that the alleged negligence action or inaction was performed or not performed by an employee of the hospital.
In this case, the court found that the plaintiff patient had failed to show that any of his treating physicians were employees of the defendant hospital. Indeed, it was undisputed that the none of the physicians with privileges at the defendant hospital are employed by the hospital. Rather, the hospital does not employ physicians.
Click this link to read the opinion: Williamson v. Regional One Health