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ROGERS v. T.J. SAMSON COMMUNITY HOSP.

No. 00-5758.

276 F.3d 228 (2002)

William ROGERS, et al., Plaintiffs-Appellants, v. T.J. SAMSON COMMUNITY HOSPITAL, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 10, 2002.

Attorney(s) appearing for the Case

Steven D. Downey (argued and briefed), Law Office of Steven D. Downey, Bowling Green, Kentucky, Douglas J. Kinz, West Patterson, NJ, for Plaintiff-Appellants.

Donald W. Darby, Daniel G. Brown, Darby & Gazak, Louisville, KY, for Defendant-Appellees.

Hiram J. Herbert, Jr. (argued), Betty R. Herbert (briefed), Herbert, Herbert & Pack, Glasgow, Kentucky, for Defendant-Appellee.

Before CLAY and GILMAN, Circuit Judges, EDGAR, District Judge.

OPINION

GILMAN, Circuit Judge.

William C. Rogers's penis was amputated in a series of operations between April 12 and April 19, 1997 at T.J. Samson Community Hospital in Glasgow, Kentucky. Rogers sued his doctors (who are not parties to this appeal) and the Hospital for negligent medical treatment and negligent failure to secure his informed consent for the amputation. At trial, the court instructed the jury that certain missing evidence could be presumed...

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