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McBRIDE-WILLIAMS v. HUARD

No. 20020751.

94 P.3d 175 (2004)

2004 UT 21

Teresa McBRIDE-WILLIAMS and Timothy Lee McBride, Plaintiffs and Appellees, v. G. Stedman HUARD, M.D., IHC Health Services, Inc., dba Dixie Regional Medical Center, and John Does 1 through 10, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied May 5, 2004.

Attorney(s) appearing for the Case

Matthew T. Graff, Randall C. Allen, Cedar City, for plaintiffs.

David H. Epperson, Stephen Owens, Salt Lake City, for G. Stedman Huard, M.D.

Brinton R. Burbidge, Paul D. VanKomen, Salt Lake City, for IHC Health Services, Inc., dba Dixie Regional Medical Center.

NEHRING, Justice:

¶ 1 This appeal presents us with the question of whether a medical malpractice claim made by a party who files a complaint which is dismissed for failure to perform certain administrative procedures, commonly known as "prelitigation" procedures, is eligible for the one-year extension of the statute of limitations under the general savings statute of Utah Code section 78-12-40 (2003). We conclude, as...

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