PERKINS v. WINDSOR HOSPITAL CORP.

No. 387-80.

455 A.2d 810 (1982)

Carl PERKINS, Executor of the Estate of Dorothy Perkins, and Carl Perkins, Individually v. WINDSOR HOSPITAL CORP. d/b/a Mt. Ascutney Hospital and Health Center, Dale Gephart, M.D. and Kelley's Drugstore, Inc.

Supreme Court of Vermont.

December 1, 1982.


Attorney(s) appearing for the Case

Gary Randall Brown, Woodstock, for plaintiffs-appellants.

Kiel & Boylan, Springfield, Clifford M. Miller, Springfield (on the brief), for defendants-appellees.

Theriault & Joslin, P.C., Montpelier, for defendant-appellee Kelley's Drugstore.

BARNEY, C.J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.


BARNEY, Chief Justice.

This is a medical malpractice action. In the fall of 1976, plaintiff Dorothy Perkins underwent an elective cholecystectomy at Mt. Ascutney Hospital in Windsor, Vermont. Prior to her release the defendant physician issued plaintiff a prescription for the drug Flagyl.1 The drug was prescribed in an effort to discover the cause of atypical cells, disclosed in plaintiff's routine pap smear test.

Plaintiff filled...

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