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MAST v. SURGICAL SERVICES OF SEDALIA,

No. WD 60014.

107 S.W.3d 360 (2003)

James E. MAST, Jr., et al., Appellants, v. SURGICAL SERVICES OF SEDALIA, L.L.C., et al.; Stuart J. Braverman, M.D.; David H. Wuellner; and Sedalia Internal Medicine Specialists, P.C., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 24, 2003.

Application for Transfer Denied July 1, 2003.

Attorney(s) appearing for the Case

Connie J. Clark, Osage Beach, MO, for Appellants.

D. Bruce Keplinger, Overland Park, KS, for respondents, Surgical Services of Sedalia, L.L.C. and Stuart J. Braverman.

John L. Roark, Columbia, MO, for respondents, Sedalia Internal Medicine Specialists, P.C., and David H. Wuellner.

Before JOSEPH M. ELLIS, Chief Judge, HAROLD L. LOWENSTEIN, ROBERT G. ULRICH, PATRICIA A. BRECKENRIDGE, PAUL M. SPINDEN, JAMES M. SMART, JR., EDWIN H. SMITH, VICTOR C. HOWARD, THOMAS H. NEWTON, RONALD R. HOLLIGER, and LISA WHITE HARDWICK, Judges.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 24, 2003.

THOMAS H. NEWTON, Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

In June 1997, Mrs. Shirley Mast was suffering from gastroesophageal reflux disease. Dr. Stuart Braverman was treating her and eventually performed a fundoplication surgery. In the two weeks following this surgery, Dr. Braverman performed two additional surgeries on Mrs. Mast in order to rectify complications that...

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