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VITALE v. HENCHEY

Nos. 1998-SC-1035-DG, 1998-SC-1077-DG.

24 S.W.3d 651 (2000)

Gary VITALE, M.D., Appellant, v. Maurice HENCHEY, Administrator of the Estate of Helen Hite Sallee; Donald Varga, M.D.; Athel Sparrow, M.D., Appellees, and Donald Varga, M.D. and Athel Sparrow, M.D., Appellant, v. Maurice Henchey, Administrator of the Estate of Helen Hite Sallee and Gary Vitale, M.D., Appellees.

Supreme Court of Kentucky.

Rehearing Denied August 24, 2000.

Attorney(s) appearing for the Case

Susan Phillips, William Swain, Boehl, Stopher & Graves, Louisville, Kentucky, for appellant/appellee, Gary Vitale, M.D.

Matthew Gay, Darby & Gazak, Louisville, for appellant/appellee, Donald Varga, MD. and Athel Sparrow, M.D.

Freeda Clark, Clark & Grafton, Louisville, for appellee, Maurice Henchey and Helen Hite Sallee.

KELLER, Justice.

I. ISSUES

These combined appeals present two primary issues.

Henchey, Sallee's Administrator, introduced proof at trial that Dr. Vitale operated on Sallee twice although Henchey, then acting as Sallee's medical power of attorney, had only consented for Drs. Wieman and Sparrow to do so. Henchey introduced no proof that this substitution of surgeons violated the accepted standard of medical...

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