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SIMON v. BAZZANO

No. 66,590

250 Kan. 673 (1992)

829 P.2d 576

JESSICA M. SIMON, a minor child by and through her mother and natural guardian, HATTIE FILLENWARTH, Plaintiff/Appellee, v. STEPHEN J. BAZZANO, D.O., Defendant/Appellee. KANSAS INSURANCE GUARANTY ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1992.

Attorney(s) appearing for the Case

Stuart Messer, of Glenn, Cornish, Hanson & Karns, Chartered, of Topeka, argued the cause, and Douglas N. Ghertner, of Field, Gentry & Benjamin, of Kansas City, Missouri, was with him on the briefs for appellant.

Timothy A. Short, of Spigarelli, McLane & Short, of Pittsburg, argued the cause and was on the brief for plaintiff/appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This appeal arises out of the settlement of a medical malpractice action. Defendant Stephan J. Bazzano is an osteopathic physician practicing in Galena. He is a Missouri resident but a licensed Kansas health care provider.

On March 28, 1986, Bazzano allegedly misdiagnosed the cause of the illness of plaintiff Jessica M. Simon, age three months, who was permanently damaged by her failure to receive...

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