Brewer v. Wiltcher

LAMAR, Justice,

for the Court.

¶ 1. In this medical-malpractice action, we decide whether the trial court erred in denying a motion to dismiss under Mississippi Code Section 15-1-36(15). Finding error, we reverse and render the appropriate judgment, dismissal without prejudice.

FACTS

¶ 2. Jason Wiltcher filed a medical-malpractice action against Linda Brewer, Pe-lahatchie Medical Clinic (“the Clinic”), and John Does 1, 2, and 3. Prior to filing an answer, Brewer and the Clinic filed a motion to dismiss with prejudice based on Wiltcher’s failure to send any notice in compliance with Mississippi…