NOLD v. BINYON

No. 84,292.

272 Kan. 87 (2001)

31 P.3d 274

AUDRA NICHOLE NOLD, a minor, by and through her Parents, Natural Guardians, and Next Friends, Joseph C. Nold and Bonnie B. Nold, Plaintiff/Appellee, v. KERNIE W. BINYON, M.D., ERIC PEKARSKI, D.O., and PHILIP C. JAMES, M.D., Defendants, and MICHAEL P. BROWN, M.D., JAMES M. DONNELL, M.D., and SCOTT E. MOSER, M.D., Defendants/Appellants, and HCA HEALTH SERVICES OF KANSAS, INC., a Kansas Corporation, d/b/a WESLEY MEDICAL CENTER, Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed September 21, 2001.


Attorney(s) appearing for the Case

Christopher A. McElgunn, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, argued the cause, and Gary M. Austerman and Mary T. Malicoat, of the same firm, were with him on the briefs for appellant Scott E. Moser, M.D.

Stephen L. Brave, of Turner & Boisseau, Chtd., of Wichita, argued the cause, and Eldon L. Boisseau and Bobby J. Heibert, Jr., of the same firm, were with him on the brief for appellant Michael P. Brown, M.D.

Harold S. Youngentob, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, argued the cause, and Laura B. Lawson, of the same firm, was with him on the briefs for appellant James M. Donnell, M.D.

John H. Gibson, of Boyer, Donaldson & Stewart, L.L.P., of Wichita, argued the cause, and Michelle M. Watson, of the same firm, was with him on the brief for appellee Wesley Medical Center.

Arden J. Bradshaw, of Bradshaw, Johnson & Hund, of Wichita, argued the cause, and James R. Howell, of the same firm, was with him on the brief for appellee Audra Nold.


The opinion of the court was delivered by

SIX, J.:

This first impression medical malpractice action arises from the pregnancy of Bonnie Nold and the later birth of her daughter Audra Nold. Joseph and Bonnie Nold, Audra's parents, on her behalf, alleged that certain physicians and a hospital were negligent in their care and treatment of Bonnie and Audra. We consider, in a managed care environment, the duty owed by the mother's physicians and the delivery hospital...

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