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OBERZAN v. SMITH

No. 69,679

254 Kan. 846 (1994)

869 P.2d 682

KATHERINE OBERZAN, Appellant, v. WILLIAM SMITH, M.D., Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1994.

Attorney(s) appearing for the Case

Timothy A. Short, of Spigarelli, McLane & Short, of Pittsburg, argued the cause, and Fred Spigarelli, of the same firm, was with him on the brief for appellant.

Thomas M. Sutherland, of Holbrook, Heaven & Fay, P.A., of Kansas City, argued the cause, and Janet M. Simpson, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This summary judgment appeal arises from a medical malpractice case. The plaintiff, Katherine Oberzan, alleged her injuries occurred while being prepared for a barium enema. Paula Davis, an x-ray technician employed by Maude Norton Memorial Hospital (the hospital) in Columbus, Kansas, prepared Oberzan for the enema. Davis inserted the enema tip that perforated Oberzan's rectum. The defendant, William Smith...

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