Clarksville Medical Malpractice Lawyer Erik Fuqua
Erik Fuqua

Associate attorney Erik Fuqua of the firm’s litigation group presented oral argument on two cases before the Tennessee Supreme Court during their February 5, 2014 session at Belmont Law School. The first of these cases was Thurmond v. Mid-Cumberland Infectious Disease Consultants, et al., M2012-02270-SC-R11-CV. Mr. Fuqua argued the case on behalf of the defendant health care providers. In Thurmond, the trial court dismissed the medical malpractice claims against the health care providers based on the plaintiff’s failure to file an affidavit certifying compliance with the notice requirements of the Tennessee Medical Malpractice Act found at Tenn. Code Ann. Section 29-26-121. Mr. Fuqua argued at the trial court that this affidavit was required to be filed with the original complaint and that failure do to so warranted dismissal. The plaintiff appealed the dismissal to the Tennessee Court of Appeals. In an April 25, 2013 opinion, the Court of Appeals affirmed the trial court’s dismissal based on the plaintiff’s failure to comply with the requirements of the Act. The Tennessee Supreme Court granted review of the case and heard oral argument on February 5. Mr. Fuqua urged the Court to uphold the decisions of the trial court and the Court of Appeals, arguing that the language of the statute and its legislative history suggested that the Legislature expected strict compliance with the requirements of the statute.