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HINCHMAN v. GILLETTE

No. 31760.

618 S.E.2d 387 (2005)

Charlotte HINCHMAN, as Personal Representative of the Estate of Paul Z. Hinchman; Charlotte Hinchman, individually, Plaintiffs Below, Appellants, v. Julie M. GILLETTE, R.N., C.R.N.A., individually, and as the agent, servant and/or employee of Medical Doctor Associates, Inc., and as the agent, servant, and/or employee of Stonewall Jackson Memorial Hospital Company; Medical Doctor Associates, Inc., a foreign corporation doing business within the State of West Virginia; Roger K. Pons, M.D., individually and as the agent, servant and/or employee of Stonewall Jackson Memorial Hospital; Stonewall Jackson Memorial Hospital Company, a West Virginia corporation; John Doe and Jane Doe, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Filed: July 5, 2005.

Attorney(s) appearing for the Case

Mary McQuain, Esq., The Calwell Practice, Thomas G. Wilson, Esq., Charleston, for Appellants.

Ancil G. Ramey, Esq., Steptoe & Johnson, Charleston, Susan S. Brewer, Esq., Kelly A. Stepp, Esq., Steptoe & Johnson, Morgantown, for Roger K. Pons.

David E. Schumacher, Esq., Schumacher, Francis & Nelson, Charleston, for Medical Doctor Associates, Inc.

Neva G. Lusk, Esq., Grant Shuman, Esq., Spilman, Thomas & Battle, Charleston, for Julie M. Gillette.

D.C. Offutt, Jr., Esq., Perry W. Oxley, Esq., L.R. Sammons, III, Esq., Offutt, Fisher & Nord, Huntington, for Stonewall Jackson Memorial Hospital Company.

Justice MAYNARD concurs, in part, and dissents, in part, and reserves the right to file a separate opinion.

STARCHER, J.

This case involves a circuit court's dismissal of a medical malpractice case because of alleged defects and insufficiencies in the plaintiff's pre-suit notice of claim and screening certificate of merit. Because the plaintiff did not receive specific pre-suit notice of the alleged defects and insufficiencies or an opportunity to correct them, we hold that the case should be reinstated.

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