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COUNTY OF CLARK v. UPCHURCH

No. 27368.

961 P.2d 754 (1998)

COUNTY OF CLARK, ex rel., UNIVERSITY MEDICAL CENTER, Appellant, v. Kimberly UPCHURCH, a Minor, By and Through Martha Imelda UPCHURCH and John Lowell Upchurch, the Parents and Natural Guardians of Kimberly Upchurch; Martha Imelda Upchurch and John Lowell Upchurch, Individually, Respondents.

Supreme Court of Nevada.

July 27, 1998.

Attorney(s) appearing for the Case

Alverson, Taylor, Mortenson, Nelson & Sanders, and Marie Ellerton, Las Vegas, for appellant.

Lyles, Austin & Burnett, Ltd., and John R. Hawley, Las Vegas, for respondents.

OPINION

WAGNER1, District Judge.

On July 9, 1990, respondent Martha Imelda Upchurch ("Mrs.Upchurch"), age twenty-nine, gave birth to a daughter, respondent Kimberly Upchurch ("Kimberly"), at the hospital of appellant University Medical Center of Southern Nevada ("UMC") in Las Vegas. Kimberly was born with cerebral palsy.

Donald Roberts, M.D., and Edward Spoon, M.D., two obstetric-gynecology residents employed by the State...

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