Alysia Reese McCracken Hancock v. BJR Enterprises, LLC - Concurring

05/14/2020
IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
January 22, 2020 Session
ALYSIA REESE MCCRACKEN HANCOCK v.
BJR ENTERPRISES, LLC, ET AL.
Appeal from the Circuit Court for Knox County
No. 3-416-18 Deborah C. Stevens, Judge
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No. E2019-01158-COA-R3-CV
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D. MICHAEL SWINEY, C.J., concurring.
I concur in the majority’s decision to affirm the Trial Court. I agree the
authorization form was so insufficient as not to allow the medical providers to obtain
medical records from the other providers. I, however, continue to adhere to the position
as stated in my dissent in Parks v. Walker, 585 S.W.3d 895, 900 (Tenn. Ct. App. 2018)
that if a medical authorization form along with other information provided to the
healthcare providers is sufficient to enable them to obtain a plaintiff’s records simply by
asking, then there is substantial compliance with Tenn. Code Ann. § 29-26-121(a)(2)(E).
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D. MICHAEL SWINEY, CHIEF JUDGE