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SMELKO v. BRINTON

No. 59,850

241 Kan. 763 (1987)

740 P.2d 591

ROBERT SMELKO III, a minor, by and through Robert R. Smelko II, his father, and Rebecca A. Smelko, his mother, both natural guardians and next friends, and ROBERT R. SMELKO II, and REBECCA A. SMELKO, individually, Plaintiffs-Appellees, v. E. HOLMES BRINTON, M.D.; CELESTE A. GENILO, M.D.; and MINOR SURGERY CENTER OF WICHITA, INC., a corporation, Defendants-Appellants.

Supreme Court of Kansas.

Opinion filed July 17, 1987.

Attorney(s) appearing for the Case

Leonard R. Frischer, of Turner and Boisseau, Chartered, of Wichita, argued the cause, and Eldon L. Boisseau, of the same firm, was with him on the briefs for the defendants-appellants.

Arden J. Bradshaw, of Post, Syrios & Bradshaw, of Wichita, argued the cause, and Bradley Post, of the same firm, was with him on the briefs for the plaintiffs-appellees.

The opinion of the court was delivered by

MILLER, J.:

This is a medical malpractice action. Robert Smelko III, a three-month-old child, sustained second- and third-degree burns from a heating pad on which he was placed during surgery for repair of an inguinal hernia. Plaintiffs are the minor child (Bobby) and his parents, Robert Smelko II and Rebecca Smelko. Defendants are E. Holmes Brinton, M.D., the surgeon; Celeste...

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