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NATIONAL BANK OF COMMERCE v. HCA HEALTH SERVICES OF MIDWEST, INC.

No. 89-283.

800 S.W.2d 694 (1990)

304 Ark. 55

NATIONAL BANK OF COMMERCE (OF EL DORADO, Arkansas), Guardian of the Estate (only) of James Talley, a Minor, and Shirley Talley Collins and George Talley, Parents, Appellants, v. HCA HEALTH SERVICES OF MIDWEST, INC. d/b/a Doctors Hospital, Hospital Corporation of America, Frances Tully and Brenda Swayze, Appellees.

Supreme Court of Arkansas.

December 3, 1990.

Attorney(s) appearing for the Case

Bernard Whetstone, Bobby Davidson, Little Rock, for appellants.

Buddy Sutton, Laura Henson, Donald Bacon, Little Rock, for appellees.

W. DENT GITCHEL, Special Justice.

James Talley was born in Doctors Hospital on September 7, 1982. He appeared to be a normal, healthy baby. Several hours later, shortly after midnight, nurse Frances Tully discovered that James had stopped breathing and had no heartbeat. He was immediately resuscitated, but showed symptoms of brain damage. James' parents and the guardian of his estate sued HCA Health Services of Midwest, Inc., d/b/a Doctors Hospital (Midwest) and the...

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