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FORTENBERRY v. MEMORIAL HOSP. AT GULFPORT

No. 92-CA-00899-SCT.

676 So.2d 252 (1996)

Willis B. FORTENBERRY v. MEMORIAL HOSPITAL AT GULFPORT, INC.; James Mitchell, M.D.; SMB Radiology; and A.K. Martinolich, Jr., M.D.

Supreme Court of Mississippi.

May 30, 1996.

Attorney(s) appearing for the Case

Michael W. Crosby, Gulfport, MS, for appellant.

William M. Rainey, Franke Rainey & Salloum, Gulfport, MS, Billy W. Hood, Allen Vaughn Cobb & Hood, Gulfport, MS, Rodney D. Robinson, Allen Vaughn Firm, Gulfport, MS, Roger T. Clark, Byrant Clark Dukes Blakeslee Ramsay & Hammond, Gulfport, MS, for appellee.

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

SMITH, Justice, for the Court:

Willis Fortenberry filed a complaint in the Circuit Court of Harrison County, First Judicial District against Dr. James Mitchell, SMB Radiology, and Memorial Hospital at Gulfport, alleging medical negligence, the basis of which was the failure to diagnose the presence of a tumor during an emergency room admission on May 23, 1989, and for failure to treat that condition. He did not serve process upon the defendants before the Miss. Code...

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