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OLTMANS v. ORTHOPAEDIC AND FRACTURE CLINIC, P.A.

No. 48362.

278 N.W.2d 538 (1979)

Julie Bess OLTMANS, a minor, by John William Oltmans, her father and natural guardian, et al., Appellants, v. ORTHOPAEDIC AND FRACTURE CLINIC, P.A., etc., et al., Respondents.

Supreme Court of Minnesota.

April 13, 1979.

Attorney(s) appearing for the Case

Meier, Kennedy & Quinn, Gordon W. Shumaker, Thomas F. Burns, deceased, and Andrew J. Eisenzimmer, St. Paul, for appellants.

Gislason, Dosland, Malecki, Gislason & Halvorson, S. P. Gislason and C. Allen Dosland, New Ulm, for respondents.

Heard before SHERAN, C. J., ROGOSHESKE, and WAHL, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

This is a medical malpractice action by plaintiffs Julie Bess Oltmans, a minor, and her father, John Oltmans, against defendants Orthopaedic and Fracture Clinic, P.A., and Dr. Donald C. Meredith for negligent failure to diagnose and treat an infection. Plaintiffs appeal from an order of the district court denying their motion for judgment notwithstanding the special jury verdict or for a new trial. Two issues are presented: (1) Were plaintiffs...

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