THOMAS v. WARDEN

Nos. 2006-CA-01703-SCT, 2007-CA-00821-SCT.

999 So.2d 842 (2008)

Norman Q. THOMAS, Jr., Individually and On Behalf of William Thomas And Anna Thomas, Two Minors v. Clark G. WARDEN, M.D. Norman Q. Thomas, Jr., Individually and On Behalf of William Thomas and Anna Thomas, Two Minors v. Mississippi Baptist Medical Center and Clark G. Warden, M.D.

Supreme Court of Mississippi.

Rehearing Denied February 12, 2009.


Attorney(s) appearing for the Case

L. Breland Hilburn, Carroll Louis Clifford, IV, Jackson, Patrick Joseph Schepens, Roger Lane Mcgehee, Jr., attorneys for appellant.

Stuart Bragg Harmon, Kristopher Alan Graham, Jackson, attorneys for appellee.

Eugene Randolph Naylor, Elizabeth G. Hooper, Jackson, attorneys for appellee.

EN BANC.


DICKINSON, Justice, for the Court.

¶ 1. This is a medical-negligence case which was dismissed by the trial court prior to adjudication of the merits because the plaintiff failed to comply with clear statutory requirements. We affirm in part and reverse and render in part.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2. The facts necessary to address the issues before us are essentially undisputed. On October 1, 2002, Dr. Clark G. Warden performed...

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