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KENNEDY v. MURPHY

No. 29S02-9512-CV-1376.

659 N.E.2d 506 (1995)

Judy L. KENNEDY and James B. Kennedy, Jr., Appellants-Respondents, v. Sara H. MURPHY, M.D., and Theodore Hoehn, M.D., Appellees-Petitioners.

Supreme Court of Indiana.

December 27, 1995.

Attorney(s) appearing for the Case

Scott A. Benkie, Brazill & Benkie, Indianapolis, Stephen W. Dillon, Dillon Law Office, Indianapolis, for appellants.

Karl L. Mulvaney, Nana Quay-Smith, Mary H. Watts, Bingham, Summers Welsh & Spilman, Indianapolis, for appellees.

On Petition To Transfer

DICKSON, Justice.

When responding to a medical malpractice defendant's motion for summary judgment based upon a medical review panel opinion finding only that the defendant satisfied the applicable standard of care, must a plaintiff establish an issue of fact not only as to breach of the duty of care, but also as to proximate cause? Because there exists a conflict among the decisions of...

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