KOHOUTEK v. HAFNER

No. C6-84-1274.

366 N.W.2d 633 (1985)

Kevin KOHOUTEK and Barbara Kohoutek, individually and as parents and Guardians Ad Litem of Nathan Kohoutek, a minor, Appellants, v. R.J. HAFNER, M.D., et al., W.H. Wall, M.D., et al., St. Francis Hospital, Respondents.

Court of Appeals of Minnesota.

Review Granted July 11, 1985.


Attorney(s) appearing for the Case

Frank L. Racek, Lanier, Knox & Olson, Fargo, N.D., Robert Vogel, Grand Forks, N.D., for appellants.

Steven J. Cahill and Steven L. Marquart, Cahill, Jeffries & Maring, Moorhead, for respondents Breckenridge Clinic, Dr. Hafner.

Carlton J. Hunke, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N.D., for respondents Wahpeton Clinic, Drs. Wall & Wiltsie.

Kate MacEachern, Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, for respondent St. Francis Hosp.

Heard, considered and decided by NIERENGARTEN, P.J., and FOLEY and CRIPPEN, JJ.


OPINION

NIERENGARTEN, Judge.

This appeal is from an order denying a motion for judgment notwithstanding the verdict, or for a new trial, in a medical malpractice action. Appellants Barbara and Kevin Kohoutek claimed battery, negligent nondisclosure and negligent treatment by respondent doctors and hospital as a result of brain damage sustained by their child, Nathan Kohoutek, in delivery. Battery was not submitted and the jury rejected both negligence claims...

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