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BYRD v. WESLEY MED. CENTER

No. 56,718

237 Kan. 215 (1985)

699 P.2d 459

ELLA M. BYRD, Appellant, v. WESLEY MEDICAL CENTER, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1985.

Attorney(s) appearing for the Case

M. Ralph Baehr, of Nieto, Baehr & Hollander, of Wichita, argued the cause and was on the brief for appellant.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

When a normal, healthy child is born to a mother upon whom an unsuccessful sterilization procedure has been performed, are the costs of rearing and educating the child items of damage which are recoverable in a medical negligence action? That is the primary question posed in this proceeding.

Perhaps for clarity we should point out that we are not concerned here with the ordinary damages arising...

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