OPINION
D. MICHAEL SWINEY, J., delivered the opinion of the Court, in which JOHN W. McCLARTY and THOMAS R. FRIERSON, II, JJ., joined.
After taking a non-suit, Bobby J. Byrge, individually and as next of kin for the decedent Julia Kay Byrge, and the Estate of Julia Kay Byrge ("Plaintiff") filed a second healthcare liability suit against Parkwest Medical Center ("Parkwest") and Dr. John C. Showalter, M.D.
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