Keith v. Northern Hospital District

Judge Timmons-Goodson

concurring in the result.

I agree with the majority that the order of the trial court should be affirmed, but for the reasons discussed herein, I cannot agree with the majority’s analysis. Particularly, I take issue with the majority’s determination that Rule 9(j) precludes amendment of a pleading pursuant to Rule 15 as a matter of law. While the majority insists that it does not decide the relationship between Rule 9(j) and Rule 15 in all instances, the majority begins its analysis by stating, “The dispositive issue is whether a medical malpractice complaint that fails to…