HERBSTREITH v. DE BAKKER

No. 65,218

249 Kan. 67 (1991)

815 P.2d 102

EVELYN L. HERBSTREITH, Appellant, v. JAN De BAKKER, M.D., and ST. FRANCIS REGIONAL MEDICAL CENTER, Appellees.

Supreme Court of Kansas.

Opinion filed July 12, 1991.


Attorney(s) appearing for the Case

Dwight A. Corrin, of Corrin & Krysl, Chartered, of Wichita, argued the cause, and Shannon S. Krysl, of the same firm, was with him on the brief for appellant.

Steven C. Day, of Woodard, Blaylock, Hernandez, Pilgreen & Roth, of Wichita, argued the cause and was on the brief for appellee Jan de Bakker, M.D.

Charles E. Hill, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause and was on the brief for appellee St. Francis Regional Medical Center.

Marla J. Luckert, of Goodell, Stratton, Edmonds & Palmer, of Topeka, was on the brief for amicus curiae Kansas Hospital Association.


The opinion of the court was delivered by

SIX, J.:

This is a medical malpractice case. The action was filed by Evelyn Herbstreith against Jan de Bakker, M.D., and St. Francis Regional Medical Center (St. Francis). St. Francis counterclaimed for unpaid hospital bills.

The trial court granted summary judgment to St. Francis on Mrs. Herbstreith's claim. The issues, in addition to the propriety of the favorable...

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