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EX PARTE ALA. DEPT. OF MENTAL HEALTH

1971430.

723 So.2d 11 (1998)

Ex parte ALABAMA DEPARTMENT OF MENTAL HEALTH and Mental Retardation and Virginia A. Rogers. (Re Delores Waite, as administratrix of the estate of Jerry Waite, deceased v. Alabama Department of Mental Health and Mental Retardation et al.)

Supreme Court of Alabama.

October 23, 1998.

Attorney(s) appearing for the Case

June Lynn and G. R. "Rick" Trawick, Alabama Dept. of Mental Health and Mental Retardation, for petitioners.

Kenneth J. Mendelsohn and Thomas E. James of Jemison & Mendelsohn, P.C., Montgomery, for respondent.

MADDOX, Justice.

The question presented by this petition for the writ of mandamus is whether a facility operated by the Alabama Department of Mental Health and Mental Retardation ("the Department") is an entity covered by the Alabama Medical Liability Act of 1987, § 6-5-540 et seq., Ala.Code 1975 ("the Act"), and specifically § 6-5-551. The Department contends that its facility, the Lurleen B. Wallace Developmental Center, is such an entity and, therefore...

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