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KOZLOWSKI v. RUSH

No. 18718.

828 P.2d 854 (1992)

121 Idaho 825

Krzysztof KOZLOWSKI, as personal representative of the Estate of Zofia M. Skiba and Piotr Skiba as the natural father and next friend of Stephanie Skiba, a minor, Plaintiffs-Appellants-Cross Respondents, v. Dr. Robert RUSH, Defendant-Respondent, and Bannock Regional Medical Center and Bannock County d/b/a Bannock Regional Medical Center, Defendants-Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, September 1991 Term.

March 20, 1992.

Attorney(s) appearing for the Case

Kenneth S. Cohen, Jackson, Wyo., Gaucahy, Simpson & Gardner, Idaho Falls, and Meyer & Williams, Jackson, Wyo., for plaintiffs-appellants-cross respondents. P. Richard Meyer, argued.

Hall, Farley, Oberrecht and Blanton, Boise, for defendant-respondent Robert Rush, M.D. Richard E. Hall, argued.

Moffatt, Thomas, Barrett, Rock and Fields, Idaho Falls, for defendants-respondents-cross appellants Bannock Regional Medical Center and Bannock County. Gary T. Dance, argued.

BISTLINE, Justice.

This case involves an allegation of medical malpractice against Dr. Robert Rush, M.D. ("Rush"), Bannock Regional Medical Center and Bannock County ("Bannock"). The plaintiffs allege that Rush's and Bannock's negligence prior to and during the delivery of Stephanie Skiba resulted in brain damage to Stephanie. The plaintiffs in the actions are Stephanie Skiba, Piotr Skiba, the father and next friend of Stephanie, and Krzysztof Kozlowski, the personal...

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