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DELTA REGIONAL MEDICAL CENTER v. GREEN

No. 2009-IA-00299-SCT.

43 So.3d 1099 (2010)

DELTA REGIONAL MEDICAL CENTER v. Milton GREEN.

Supreme Court of Mississippi.

Rehearing Denied September 30, 2010.

Attorney(s) appearing for the Case

L. Carl Hagwood , Jackson, Mary Frances Stallings-England, Greenville, attorneys for appellant.

George F. Hollowell, Jr. , Greenville, attorney for appellee.

Before CARLSON, P.J., DICKINSON and PIERCE, JJ.

PIERCE, Justice, for the Court:

¶ 1. This case comes before the Court on interlocutory appeal from the Washington County Circuit Court. Milton Green filed a complaint against Delta Regional Medical Center (DRMC) alleging medical malpractice. DRMC filed a motion to dismiss on the ground that Green filed his complaint in violation of the 120-day tolling period found in Section 11-46-11(3) of the Mississippi Code. DRMC argues that the circuit court erred when it...

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