CHANDLER, J., for the Court.
¶ 1. On September 18, 1998, plaintiff, Jessica Mallet, filed a complaint against Dr. Richard Carter, M.D. alleging medical malpractice based on the death of her infant child. Dr. Carter responded with a motion for summary judgment filed on June 23, 2000. The basis of Dr. Carter's motion was the plaintiffs failure to timely designate an expert witness as required to
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