Brower Ex Rel. McKinney v. Bartal

The opinion of the court was delivered by

Allegrucci, J.:

This is a medical malpractice action brought on behalf of Maria Brower against Ely Bartal and William Shapiro, the doctors who had surgically treated her spinal cord anomaly. The action was originally filed against Dr. Bartal but later amended to include a count against Dr. Shapiro. Before trial, the district court granted Brower s motion to dismiss Bartal without prejudice but imposed conditions on refiling the action against him, including the stipulated limitation on claims and a filing deadline. After reaching a settlement with…