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MOSS v. BJORNSON

No. 16894.

765 P.2d 676 (1988)

115 Idaho 165

Verla MOSS, Plaintiff-Respondent, v. Donald R. BJORNSON, M.D.; Idaho Falls Consolidated Hospitals, Inc., an Idaho corporation, now known as Eastern Idaho Regional Medical Center, Inc.; Jane Does I through X; and John Does I through X; Defendants-Appellants.

Supreme Court of Idaho.

December 5, 1988.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for defendant-appellant Bjornson. Curt R. Thomsen argued.

St. Clair, Hiller, Wood & St. Clair, Idaho Falls, for defendant-appellant Eastern Idaho Regional Medical Center, Inc. Theodore V. Wood argued.

Moffatt, Thomas, Barrett & Blanton, Boise, for amicus Idaho Medical Assn. Richard E. Hall argued.

Smith & Hancock, Rexburg, for plaintiff-respondent. J.D. Hancock argued.

BISTLINE, Justice.

This is an appeal from an order of the district court denying defendants' motion to dismiss. This Court granted defendants' motion for an interlocutory appeal. The sole question presented is whether the dismissal of a court action is mandated where a medical malpractice complaint is filed prior to plaintiff's request for a prelitigation screening panel. We hold that it does not and therefore affirm the district court.

Plaintiff Moss was...

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