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MARSINGILL v. O'MALLEY

No. S-9859.

58 P.3d 495 (2002)

Vicki MARSINGILL and Paul Marsingill, wife and husband, Appellants, v. James O'MALLEY, M.D., Appellee.

Supreme Court of Alaska.

Rehearing Denied December 11, 2002.

Attorney(s) appearing for the Case

Robert H. Wagstaff, Law Offices of Robert H. Wagstaff, Anchorage, for Appellant.

Donna M. Meyers and Howard A. Lazar, Delaney, Wiles, Hayes, Gerety, Ellis & Young, Inc., Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, BRYNER, and CARPENETI, JUSTICES.

OPINION

BRYNER, Justice.

I. INTRODUCTION

One night several months after having stomach surgery, Vicki Marsingill called her surgeon, Dr. James O'Malley, complaining of abdominal pain and nausea. Dr. O'Malley advised Marsingill to go to the emergency room and offered to meet her there, but Marsingill said she felt better and declined to go. Several hours later, Marsingill lost consciousness from an intestinal blockage and suffered permanent...

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