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SCHWARTZ v. ABAY

No. 82,900.

26 Kan. App.2d 707 (1999)

995 P.2d 878

JOHN E. SCHWARTZ, Appellant, v. EUSTAQUIO O. ABAY II, M.D., Appellee.

Court of Appeals of Kansas.

Opinion filed October 22, 1999.

Attorney(s) appearing for the Case

Phillip R. Fields, of Law Office of Phillip R. Fields, of Wichita, for appellant.

Gary M. Austerman and Mary T. Malicoat, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, for appellee.

Before GERNON, P.J., MARQUARDT, J., and ROGG, S.J.

MARQUARDT, J.:

John E. Schwartz appeals the trial court's decision granting summary judgment to Dr. Abay.

The facts of this case are largely undisputed. Dr. Abay performed back surgeries on Schwartz in May 1995, on January 10, 1996, and June 10, 1996. Schwartz signed a consent for a "right L4-5, L5-S1 widening laminectomy excise recurrent disc interbody fusion right" to be performed on June 10, 1996. After the...

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