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KILKER BY AND THROUGH KILKER v. MULRY

No. 87-595.

437 N.W.2d 1 (1988)

Jared F. KILKER, a Minor, By and Through Kirby F. KILKER, his Father and Next Friend; and Kirby F. Kilker, Individually, and Marlene K. Kilker, Plaintiffs-Appellants, v. James MULRY, M.D., and Mercy Hospital, Council Bluffs, Iowa, Defendants-Appellees.

Court of Appeals of Iowa.

December 22, 1988.

Attorney(s) appearing for the Case

Daniel B. Cullan and Edward H. Jelinek of Cullan, Cullan & Morrison, Omaha, Neb., for plaintiffs-appellants.

John M. French of Stuart, Tinley, Peters, Thorn, Smits & Sens, Council Bluffs, for defendant-appellee Mulry.

John R. Douglas and David A. Blagg of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, Neb., for defendant-appellee hospital.

Heard by OXBERGER, C.J., and SACKETT and HABHAB, JJ.

HABHAB, Judge.

Jared Kilker was born on October 7, 1982, at Mercy Hospital in Council Bluffs. During the moments before his birth, his mother was discovered to have placenta, previa, a condition in which the placenta lies in front of the baby and blocks the baby's path of egress into the birth canal. This condition requires that delivery be done by Caesarean section.

In the present case, the existence of placenta previa was suspected a few minutes before birth...

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