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ERBY v. COX

No. 92-CA-00146-SCT.

654 So.2d 503 (1995)

Linder ERBY v. John W. COX, M.D., Thomas D. Wooldridge, M.D., James M. Cooper, M.D., and Jimmy L. Hamilton, M.D.

Supreme Court of Mississippi.

April 20, 1995.

Attorney(s) appearing for the Case

Dorothy Winston-Colom, Wilbur O. Colom, Christopher D. Hemphill, Colom & Colom, Columbus, for appellant.

Taylor B. Smith, Mitchell McNutt Threadgill Smith & Sams, Columbus, Robert K. Upchurch, Thomas Wicker, Holland Ray & Upchurch, Tupelo, for appellee.

Before DAN M. LEE, P.J., and McRAE and SMITH, JJ.

McRAE, Justice, for the Court:

Linder Erby appeals the Lee County Circuit Court's January 29, 1992, grant of summary judgment in favor of Drs. John Cox, Thomas Wooldridge, James Cooper and Jimmy Hamilton. Her claim against these parties arose from her father's death in the hospital several days later after undergoing kidney surgery.1 Erby raises the following issue on appeal:

Whether the filing of a medical malpractice complaint...

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