No. 98,860.

199 P.3d 1283 (2009)

Margarita MUNOZ, Appellee, v. Gordon B. CLARK, M.D., Appellant.

Court of Appeals of Kansas.

January 30, 2009.

Attorney(s) appearing for the Case

James D. Oliver, Thomas L. Theis, and Bart W. Howk, of Foulston Siefkin LLP, of Overland Park, for appellant.

Elizabeth R. Herbert, Pedro L. Irigonegaray, and Robert V. Eye, of Irigonegaray & Associates, of Topeka, for appellee.

Before GREENE, P.J., HILL, J., and BRAZIL, S.J.


In this medical malpractice case, the evidence suggests that as a standard of care, when a surgeon has received a report from the pathologist that casts doubt upon what the surgeon thinks he has accomplished with the surgery, then that surgeon must take steps to reconcile the two beliefs. Here, the surgeon chose to ignore the pathologist report and tell the patient and her referring physician that he had successfully...

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