HOLT v. WESLEY MED. CENTER

No. 90,702

277 Kan. 536 (2004)

86 P.3d 1012

KIMBERLYN D. HOLT, a minor, by and through KIMBERLY R. HOLT and KENNETH F. HOLT, Her Parents, Natural Guardians, and Next Friends, and KIMBERLY R. HOLT and KENNETH F. HOLT, Individually, Plaintiffs, v. WESLEY MEDICAL CENTER, LLC, a Kansas Corporation, D/B/A WESLEY MEDICAL CENTER; WICHITA CENTER FOR GRADUATE MEDICAL EDUCATION, INC., a Kansas Corporation; BENJAMIN J. HARRIS, M.D.; CLIFFORD S. DEPEW, M.D.; JAMES E. DELMORE, M.D.; and TRAVIS W. STEMBRIDGE, M.D., Defendants.

Supreme Court of Kansas.

Opinion filed March 19, 2004.


Attorney(s) appearing for the Case

J. Greg Kite, of Wichita, argued the cause, and James J. Long, of Wichita, was with him on the briefs for plaintiffs.

John H. Gibson, of Gilliland & Hayes, P.A., of Wichita, argued the cause, and Michelle M. Watson and Matthew D. Tinnel, of the same firm, were with him on the briefs for defendant Wesley Medical Center, LLC.

David S. Wooding, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, argued the cause, and Roger E. McClellan and Teresa L. Mah, of the same firm, were with him on the briefs for defendants Wichita Center for Graduate Medical Education, Inc. and Benjamin J. Harris, M.D.

James J. Long and Donald S. Andersen, of Wichita, were on the brief for amicus curiae Ashley Raney-Neises.

Nathan D. Leadstrom, and Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, were on the brief for amicus curiae Kansas Hospital Association.

James R. Howell and Kyle J. Steadman, of Arden J. Bradshaw & Associates, of Wichita, were on the brief for amicus curiae Kansas Trial Lawyers Association.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

This medical malpractice action was filed by plaintiffs Kimberly R. Holt and Kenneth F. Holt, and their daughter, Kimberlyn D. Holt, by and through her parents in federal court. Defendants are Wesley Medical Center, LLC, d/b/a/ Wesley Medical Center, Wichita Center for Graduate Medical Education, Inc. (WCGME), and Doctors Benjamin J. Harris, Clifford S. Depew, James E. Delmore, and Travis W. Stembridge...

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