Vaughan v. Mashburn

Whether the trial court erred in dismissing a medical malpractice complaint for failure to comply with Civil Procedure Rule 9(j) when plaintiff met the substantive requirements of, but failed to include a specific statement required by, Rule 9(j); whether the trial court erred in not allowing plaintiff to amend the complaint under Rules 15(a) and (c) to correct the technical pleading defect after the statute of limitations had run.

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Summary

Whether the trial court erred in dismissing a medical malpractice complaint for failure to comply with Civil Procedure Rule 9(j) when plaintiff met the substantive requirements of, but failed to include a specific statement required by, Rule 9(j); whether the trial court erred in not allowing plaintiff to amend the complaint under Rules 15(a) and (c) to correct the technical pleading defect after the statute of limitations had run.