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NELSON v. BAPTIST MEMORIAL HOSP.

No. 2009-CA-00081-COA.

70 So.3d 212 (2011)

Billy NELSON, and Gaynelle Nelson, Individually and as Parents and Next Friends of Justin Nelson, and as Representatives of all Wrongful Death Beneficiaries and Heirs of Bobby Nelson, Deceased, Appellants v. BAPTIST MEMORIAL HOSPITAL—NORTH MISSISSIPPI, INC.; William E. Henderson, Jr., M.D.; Oxford Clinic for Women, a Partnership; Ira Lamar Couey, M.D., General Partner; R. Blake Smith, M.D., General Partner; William E. Henderson, Jr., M.D., General Partner; and Bo Martin, M.D., Appellees.

Court of Appeals of Mississippi.

September 21, 2010.

Attorney(s) appearing for the Case

Margaret P. Ellis , Roderick Ward III , Jackson, attorneys for appellants.

Walter Alan Davis , Oxford, attorney for appellees.

Before LEE, P.J., IRVING and GRIFFIS, JJ.

GRIFFIS, J., for the Court:

¶ 1. This appeal involves claims for medical malpractice and wrongful death. Previously, this Court dismissed the plaintiffs/appellants' claim, without prejudice, in Nelson v. Baptist, 972 So.2d 667 (Miss.Ct. App.2007) ("Nelson I"). Thereafter, the plaintiffs/appellants provided pre-suit notice and filed another complaint, only for it to be dismissed again by the circuit court. The...

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