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FARMERS BANK & TRUST CO. v. RICE

674 S.W.2d 510 (1984)

FARMERS BANK AND TRUST COMPANY OF BARDSTOWN, Administrator of the Estate of Mary Bernice O'Daniel, Deceased, and Joseph Anthony O'Daniel, Movants, v. Russell R. RICE, M.D. and Starr, Solomon, Oldham and Bryant, P.S.C., Respondents.

Supreme Court of Kentucky.

Petitions for Rehearing and Modification Denied September 13, 1984.

Attorney(s) appearing for the Case

Theodore L. Mussler, Jr., Paul K. Murphy, Murphy, Mussler & Marks, Alan N. Leibson, Louisville, for movants.

James G. Apple, Rebecca F. Schupbach, Stites & Harbison, Louisville, for respondents.

GANT, Justice.

Decedent, Mary Bernice O'Daniel, sought treatment from respondent, Russell R. Rice, on May 23, 1979, for a lump on her breast. Dr. Rice diagnosed the problem as mastitis, and advised Mrs. O'Daniel to return in six months. Within about three months the problem became more acute and, on September 19, 1979, Mrs. O'Daniel underwent a modified radical mastectomy, an abdominal hysterectomy and a bilateral salpingo-oophorectomy, which operations were necessitated...

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