Savage v. Mui Pho

Plaintiff, Billy D. Savage, appeals from the trial court’s order granting defendant’s, Dr. Mui Pho’s, motion to dismiss his complaint for medical malpractice. The basis of the court’s dismissal was that the order granting plaintiffs motion for leave to amend his complaint to add Dr. Pho as a defendant, obtained ex parte and without notice to the other defendants, was void. The court further held that plaintiffs amended complaint against Dr. Pho was a nullity. We reverse and remand.

FACTS

Plaintiff received treatment, for a laceration of the palm of his right hand, in the emergency room of the…