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VOGLER v. DOMINGUEZ

No. 82A01-9306-CV-192.

624 N.E.2d 56 (1993)

Allen A. VOGLER and Jane M. Vogler, Appellants-Plaintiffs, v. Pedro R. DOMINGUEZ, M.D. and Deaconess Hospital, Inc., Appellees-Defendants.

Court of Appeals of Indiana, First District.

Rehearing Denied January 4, 1994.

Transfer Denied April 19, 1994.

Attorney(s) appearing for the Case

Gary Becker, Becker Law Office, Louisville, KY, for appellants-plaintiffs.

Robert H. Hahn, Michele S. Bryant, Bamberger, Foreman, Oswald & Hahn, William E. Statham, Statham, Johnson & McCray, Evansville, for appellees-defendants.

ROBERTSON, Judge.

Allen A. Vogler and Jane M. Vogler appeal the granting of a summary judgment in favor of Dr. Pedro R. Dominguez and Deaconess Hospital in their action against the doctor and hospital for medical malpractice. We affirm as to the hospital but reverse as to Dr. Dominguez.

Allen Vogler underwent surgery at Deaconess Hospital on October 16, 1989 for the purpose of repairing a cerebrospinal fluid leak which had resulted from a fall. Following the...

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