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MILLER EX REL. MONT. BAKING v. MARYMOUNT

No. 2001-SC-0587-DG.

125 S.W.3d 274 (2004)

Rebecca L. MILLER, By and Through Her Guardian, MONTICELLO BANKING COMPANY; Rachel Ann Miller, By and Through Her Guardian, Monticello Banking Company; Monticello Banking Company; and Timothy Miller, Appellants, v. MARYMOUNT MEDICAL CENTER, d/b/a Marymount Hospital, Appellee.

Supreme Court of Kentucky.

January 22, 2004.

Attorney(s) appearing for the Case

William R. Garmer, Savage, Garmer, Elliott & O'Brien, PLLC, Lexington, Counsel for Appellants.

B. Todd Thompson, Thompson & Miller, PLC, Louisville, Counsel for Appellee.

Paul Joseph Hershberg, Steven Michael Frederick, Christopher S. Fox, Steller & Handmaker, LLP, Louisville, Counsel for Amicus Curiae Kentucky Academy of Trial Attorneys.

Gerald R. Toner, O'Bryan, Brown & Toner, Louisville, Counsel for Amicus Curiae the Kentucky Defense Counsel.

Opinion of the Court by Justice COOPER.

This is an action for damages for injuries allegedly caused by medical negligence. Rebecca C. Miller, then age 31, was admitted to Marymount Medical Center, d/b/a Marymount Hospital ("Marymount") in London, Kentucky, on October 16, 1995, by her family physician, Dr. William D. Pratt. She was admitted for the purpose of giving birth by induced labor. Attempts to induce labor on October...

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