JENSEN v. IHC HOSPITALS, INC.

No. 20010474.

82 P.3d 1076 (2003)

Sherrie JENSEN and Shayne Hipwell, individually, and on behalf of all other heirs of Shelly Hipwell, and Ashley Michele Hipwell and Kaycie Shaylene Hipwell appearing by Shayne Hipwell as Guardian Ad Litem, Plaintiffs and Appellants, v. IHC HOSPITALS, INC., dba McKay-Dee Hospital, Michael J. Healy, M.D., and Does I through X, Defendants and Appellees.

Supreme Court of Utah.

November 14, 2003.


Attorney(s) appearing for the Case

Richard D. Burbidge, Stephen B. Mitchell, Salt Lake City, Simon H. Forgette, Kirkland, Washington, for plaintiffs.

Merrill F. Nelson, Philip R. Fishler, Salt Lake City, for defendant IHC Hospitals, dba McKay-Dee Hospital.

Elliott J. Williams, Kurt M. Frakenburg, Andrew G. Deiss, Salt Lake City, for defendant Michael J. Healy, M.D.


DURRANT, Associate Chief Justice:

¶ 1 Shelly Hipwell died following a series of events that occurred after she had an emergency cesarian section. Ms. Hipwell's mother and her husband ("plaintiffs") filed suit against Dr. Michael J. Healy and IHC Hospitals, Inc. (doing business as McKay-Dee Hospital) for medical malpractice and fraud. The trial court dismissed the fraud claims and refused to allow plaintiffs leave to amend their complaint to allege an agency or...

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