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ROETHLER v. LUTHERAN HOSPITALS & HOMES SOC.

No. S-886.

709 P.2d 487 (1985)

Richard ROETHLER, Petitioner, v. LUTHERAN HOSPITALS & HOMES SOCIETY OF AMERICA, INC., d/b/a Fairbanks Memorial Hospital, Carol Phillips, M.D., and Emergency Medicine Associates, P.C., Respondents.

Supreme Court of Alaska.

November 15, 1985.

Attorney(s) appearing for the Case

Joseph L. Paskvan, Rice, Hoppner, Brown & Brunner, Fairbanks, for petitioner.

James J. Delaney, Delaney, Wiles, Hayes, Reitman & Brubaker, Inc., Anchorage, for respondent Lutheran Hospitals and Homes Soc. of America, Inc. d/b/a Fairbanks Memorial Hosp.

Charles R. Pengilly, Hughes, Thorsness, Gantz, Powell & Brundin, Fairbanks, for respondents Carol Phillips, M.D. and Emergency Medicine Associates, P.C.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS and COMPTON, JJ.

COMPTON, Justice.

Petitioner Richard Roethler filed a medical malpractice case against Respondents. An expert advisory panel was requested, but through no fault of Petitioner, no panel was appointed and no report was filed within the term prescribed by law. He alternatively moved for dismissal of the panel, or for permission to commence discovery. The trial court denied the motion. On his petition, we granted review. Appellate Rule 304(d). We reverse.

I....

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