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WHEELER v. LENSKI

No. 53,908

8 Kan. App. 2d 408 (1983)

658 P.2d 1056

RACHELLE WHEELER, A Minor By and Through LEONARD A. WHEELER and CAROL WHEELER, Her Father and Mother, Natural Guardians and Next Friends, Plaintiffs-Appellants, v. FRANCIS XAVIER LENSKI, JR., M.D., Defendant-Appellee.

Court of Appeals of Kansas.

Opinion filed March 3, 1983.

Attorney(s) appearing for the Case

Andrew W. Hutton, of Michaud, Cordry & Michaud, Chartered, of Wichita, for appellant.

William Tinker, Jr., and Eric E. Davis, of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, for appellee.

Charles R. Hay, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, was on the brief amici curiae, for the Kansas Medical Society and Kansas Hospital Association.

Before ABBOTT, P.J., STEVEN P. FLOOD, District Judge assigned, and JOHN W. BROOKENS, District Judge Retired, assigned.

Petition for review denied 233 Kan. 1093 (1983).

FLOOD, J.:

This action was brought by appellants Leonard A. and Carol Wheeler, the adoptive parents of Rachelle Wheeler, a minor, to recover, on her behalf, damages for the negligence of defendant/appellee, Dr. Francis Xavier Lenski, Jr., during her birth and shortly thereafter in failing to diagnose and treat her hydrocephalic condition. Dr. Lenski was the treating physician of the natural mother at the birth...

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