ROJAS v. BARKER

No. 98,737.

195 P.3d 785 (2008)

Mary Ann ROJAS, Appellant, v. Patrick N. BARKER, M.D., Appellee.

Court of Appeals of Kansas.

November 14, 2008.


Attorney(s) appearing for the Case

John W. Johnson, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, for appellant.

Peter G. Collins and Michael D. Smith, of Sanders, Conkright & Warren, L.L.P., of Overland Park, for appellee.

Jerry D. Hawkins, of Hite, Fanning & Honeyman, L.L.P., of Wichita, for amicus curiae Kansas Association of Defense Counsel.

James R. Howell, of Prochaska, Giroux & Howell, for amicus curiae Kansas Association for Justice.

Before CAPLINGER, P.J., MARQUARDT and STANDRIDGE, JJ.


CAPLINGER, J.

In this medical malpractice action, Mary Ann Rojas alleges Patrick M. Barker, M.D., negligently performed her hernia surgery and failed to obtain her informed consent to the surgery. The district court granted partial summary judgment in favor of Dr. Barker on Rojas' informed consent claim, finding Rojas failed to establish causation with respect to that claim. However, the court permitted Rojas' negligence...

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