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Tennessee Family’s Claims Over Prison Medical Care Revived

Aug. 3, 2022, 2:24 PM

The parents of a Tennessee prisoner who committed suicide can move forward on medical malpractice claims previously dismissed due to their failure to comply with the state’s presuit notice law, because the law doesn’t apply in federal court, a Tennessee-based court said.

The US Court of Appeals for the Sixth Circuit ruled in February that state medical malpractice pleading laws are inapplicable in federal courts because they conflict with federal procedural rules. That’s controlling law that requires reinstatement of the Smith family’s claims against medical providers at a facility operated by CoreCivic Inc., the US District Court for the Middle ...