Siver v. Rockingham Memorial Hospital

MEMORANDUM OPINION

CRIGLER, United States Magistrate Judge.

This action is before the court under authority of 28 U.S.C. 636(c)(2) on the defendants’ February 5, 1999 motion to dismiss for lack of subject matter jurisdiction, for failure to state a claim upon which relief can be granted, and for lack of any real party plaintiff in interest. Fed. R.Civ.P. 12(b)(1), 12(b)(6) and 17(a). For the reasons that follow, the defendants’ motions to dismiss will be DENIED. 1

Background

On April 20, 1998, David Siver, the deceased son and brother of the plaintiffs, died at Rockingham Memorial Hospital (RMH)…