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Keetly Marc sued Dr. Jason C. Eck, D.O., alleging health care liability after a spinal surgery was performed at the wrong level. The Circuit Court for Hamilton County granted summary judgment to Dr. Eck, D.O., asserting that the statute of limitations had run, as knowledge of the potential claim received by Marc's attorney during a separate workers' compensation case on November 10, 2020, imputed constructive notice to Marc. Marc appealed this decision. The Court of Appeals reversed this judgment, holding that knowledge acquired by an attorney while representing a client solely in a workers' compensation matter, when a potential health care liability claim is beyond the scope of that representation, is not imputed to the client. The Court concluded that Marc's lawsuit, filed after she was actually informed of the issue between November 30 and December 4, 2020, was timely.
Keetly Marc v. Jackson Eck, D.O. is a workers' compensation case decided in Court of Appeals of Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Tennessee.
Full Decision Text1 Pages
Keetly Marc sued Dr. Jason C. Eck, D.O., alleging health care liability after a spinal surgery was performed at the wrong level. The Circuit Court for Hamilton County granted summary judgment to Dr. Eck, D.O., asserting that the statute of limitations had run, as knowledge of the potential claim received by Marc's attorney during a separate workers' compensation case on November 10, 2020, imputed constructive notice to Marc. Marc appealed this decision. The Court of Appeals reversed this judgment, holding that knowledge acquired by an attorney while representing a client solely in a workers' compensation matter, when a potential health care liability claim is beyond the scope of that representation, is not imputed to the client. The Court concluded that Marc's lawsuit, filed after she was actually informed of the issue between November 30 and December 4, 2020, was timely.
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