DANIELS v. HADLEY MEMORIAL HOSPITAL

No. 76-1563.

566 F.2d 749 (1977)

Frances P. DANIELS, Mother and Next of Kin and Personal Representative of Horace Lee Miller, Deceased and Administratrix of the Estate of Horace Lee Miller, Deceased, Appellant, v. HADLEY MEMORIAL HOSPITAL et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1977.

Rehearing Denied October 27, 1977.


Attorney(s) appearing for the Case

George W. Shadoan, Rockville, Md., for appellant.

John Jude O'Donnell, J. Roy Thompson, Jr., Washington, D.C., for appellees.

Before TAMM and WILKEY, Circuit Judges and WILLIAM B. JONES, United States Senior District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by WILKEY, Circuit Judge.

WILKEY, Circuit Judge:

On the morning of 14 August 1973, Horace Miller, a 43-year-old government worker, went to Hadley Memorial Hospital's emergency room1 for treatment of abrasions received in a bicycle fall the previous week. The hospital gave him a penicillin injection at 9:05 a. m., and he departed the hospital between 9:20 and 9:25 a. m. At 9:30 a. m. he was discovered...

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