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COLUMBIA/HCA HEALTHCARE v. DIST. CT.

No. 28491.

936 P.2d 844 (1997)

COLUMBIA/HCA HEALTHCARE CORPORATION, a Delaware corporation; Sunrise Hospital, a Nevada corporation d/b/a Sunrise Hospital and Medical Center and Sunrise Children's hospital; Humana, Inc., a Delaware corporation d/b/a Humana Hospital-Sunrise and Sunrise Children's Hospital; Galen Health Care, Inc., Leslie Soper, M.D.; Burnett, DiFrancesco, Evans, Fries Iizuka, Keamy, Kemp, Kozmary, Russell, Smith, Soper, Walsh, Ltd., Leslie E. Soper M.D., Chtd.; John B. Payne, D.O., Albert H. Capanna, M.D.; Albert H. Capanna, M.D., a Nevada professional corporation; Capanna & Associates, a Nevada professional corporation; Capanna's International Neuroscience Consultants, Inc., a Nevada professional corporation; Pediatric and Adolescent Neurology & Diagnostic Association, Inc., a Nevada professional corporation, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, In and For the COUNTY OF CLARK, and the Honorable Gerard J. Bongiovanni, District Judge, Respondents, and Kevin and Elizabeth Dailey, individually, Kevin and Elizabeth Dailey, as special administrators and personal representative of the Estate of Erik S. Dailey, a deceased infant, Real Parties in Interest.

Supreme Court of Nevada.

April 24, 1997.

Attorney(s) appearing for the Case

Earley & Dickinson, Las Vegas, for Petitioners Columbia/HCA, Galen Health Care, Inc., and Sunrise Hospital.

Alverson, Taylor, Mortensen, Nelson & Sanders, Las Vegas, for Petitioner Soper.

Pico & Mitchell, Las Vegas, for Petitioner Payne.

Beckley, Singleton, Jemison & List, Chtd., and Daniel F. Polsenberg, Las Vegas, for Petitioner Capanna.

Thorndal, Backus, Armstrong & Balkenbush; Pearson & Patton, Las Vegas, for Real Parties in Interest.

OPINION

PER CURIAM:

On December 20, 1991, Erik S. Dailey (hereinafter "Erik") was five and one-half months old when he was diagnosed with an arachnoid cyst in the posterior fossa region of his brain.1 Over the following three years and ten months, Erik endured thirteen surgeries before finally expiring on October 4, 1995. During Erik's hospitalization, the parents of Erik, Kevin and Elizabeth Dailey (collectively "Daileys...

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