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  5. 937 P.2d 1212 (1997)
 

MORRIS BY AND THROUGH MORRIS v. THOMSON

No. 22202.

937 P.2d 1212 (1997)

130 Idaho 138

Jessie Anna MORRIS, a Minor By and Through Jackie MORRIS, her Mother and Natural Guardian, Plaintiff-Appellant, v. James THOMSON, M.D., individually, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 1996 Term.

May 15, 1997.

Attorney(s) appearing for the Case

Wilson & McColl, Boise, for plaintiff-appellant. Debrha J. Carnahan argued.

Quane, Smith, Howard and Hull, Boise, for defendant-respondent. Jeremiah A. Quane, argued.

TROUT, Chief Justice.

This is an appeal from a jury verdict and judgment for defendant Dr. James Thomson in a medical malpractice suit.

I.

BACKGROUND

On July 4, 1988, Jessie Morris (Jessie) was born to Jackie Morris (Morris) at Walter Knox Memorial Hospital in Emmett, Idaho. Dr. James Thomson, a family practitioner in Emmett and Morris' treating physician during her pregnancy, delivered Jessie, who experienced birth asphyxia (oxygen deprivation...

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