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COLLINS v. ASHURST

1000890.

821 So.2d 173 (2001)

Sara Jean COLLINS v. Winston M. ASHURST, M.D., et al.

Supreme Court of Alabama.

As Modified on Denial of Rehearing November 30, 2001.

Attorney(s) appearing for the Case

Jeffery C. Duffey, Montgomery, for appellant.

Thomas H. Keene, Frank J. Stakely, and Ben C. Wilson of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for Winston M. Ashurst, M.D., and Alabama Physicians for Women.

W. Stancil Starnes and Ashley E. Watkins of Starnes & Atchinson, L.L.P., Birmingham, for amicus curiae Medical Association of the State of Alabama.

HARWOOD, Justice.

Sara Jean Collins appeals the trial court's striking two counts of her complaint in a medical-malpractice action. We reverse and remand.

In March 1998, Collins was examined by Doctor Wallace B. McGahan in Barbour County after experiencing pain in her left side. Dr. McGahan informed Collins that she had a three-centimeter cyst on her left ovary and that her uterus was enlarged; he referred her to Dr. Winston M. Ashurst for further treatment...

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