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OUELLETTE BY OUELLETTE v. SUBAK

No. C4-85-571.

391 N.W.2d 810 (1986)

Kristian OUELLETTE, a minor, by Frank OUELLETTE, his father and natural guardian, and Frank Ouellette, individually, Petitioners-Appellants, v. Barbara H. SUBAK and Maxine O. Nelson, Petitioners-Respondents.

Supreme Court of Minnesota.

August 8, 1986.

Attorney(s) appearing for the Case

Reed K. Mackenzie and Mark Hallberg, Minneapolis, for petitioners-appellants.

Jerome C. Briggs and Charles E. Lundberg, Minneapolis, for petitioners-respondents.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

The father of a child born with brain damage brought this negligence action on behalf of the child and himself against two medical general practitioners. The trial court refused to give the doctors' requested jury instructions that physicians are not responsible for an honest error in judgment. A Hennepin County jury by special verdict found the doctors negligent and awarded $1 million in damages. Following denial of their post trial motions and entry...

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