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STATE EX REL. KITZMILLER v. HENNING

No. 21841.

437 S.E.2d 452 (1993)

190 W.Va. 142

STATE of West Virginia ex rel. Joan B. KITZMILLER, Executrix of the Estate of Eugene O. Kitzmiller, Petitioner, v. Honorable John L. HENNING, Jr., Judge of the Circuit Court of Randolph County; Paul Eugene Nefflen, M.D., and Davis Memorial Hospital, a West Virginia Corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 2, 1993.

Attorney(s) appearing for the Case

William A. Druckman, Preiser Law Firm, Charleston, for petitioner.

John E. Busch, Peter G. Zurbuch, Busch & Talbott, L.C., Elkins, for respondent Paul Eugene Nefflen, M.D.

David A. Sims, Wallace, Harris and Sims, Elkins, for respondent Davis Memorial Hosp.

NEELY, Justice.

Eugene O. Kitzmiller and Joan B. Kitzmiller filed this malpractice action on 7 May 1992 alleging that Dr. Paul Eugene Nefflen, Dr. Nicholas Martin and Davis Memorial Hospital (hereinafter "the hospital") were negligent in failing to diagnose and treat in a proper and timely manner Mr. Kitzmiller who suffered from cancer of the colon. Mr. Kitzmiller died of cancer. Mr. Kitzmiller's widow and executrix is now the sole surviving plaintiff.

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