JUSTICE v. CLARK MEMORIAL HOSP.

No. 10A01-9905-CV-156.

718 N.E.2d 1217 (1999)

Brenda JUSTICE and Hershel Justice, Appellants-Plaintiffs, v. CLARK MEMORIAL HOSPITAL, Appellee-Defendant.

Court of Appeals of Indiana.

November 10, 1999.


Attorney(s) appearing for the Case

John F. Dietrich, Scottsburg, Indiana, Attorney for Appellants.

Richard L. Mattox, Derrick H. Wilson, Mattox & Mattox, New Albany, Indiana, Attorneys for Appellee.


OPINION

MATTINGLY, Judge

Brenda and Hershel Justice appeal a summary judgment in favor of Clark Memorial Hospital. We restate the issue raised as whether the Hospital is entitled to summary judgment where the Justices presented an affidavit from a physician stating that the Hospital breached the applicable standard of care, but where the physician, when deposed by the Hospital, testified that the injury suffered by Brenda Justice was more likely a complication...

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