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BATES v. DODGE CITY HEALTHCARE GROUP, L.P.

No. 100,215.

291 P.3d 1042 (2013)

Tom BATES and Michelle Entriken, as Parents and Next Friends of Hayley Bates, a Minor, Appellant, v. DODGE CITY HEALTHCARE GROUP, L.P., d/b/a Western Plains Regional Hospital, Appellee.

Supreme Court of Kansas.

January 11, 2013.

Attorney(s) appearing for the Case

Bradley A. Levin , of Roberts Levin Rosenberg PC, of Denver, Colorado, argued the cause, and Jeremy A. Sitcoff , of the same firm, Bradley J. Prochaska and James R. Howell , of Prochaska, Craig, Giroux & Howell, of Wichita, and James Leventhal and Isobel Thomas , of Leventhal Brown & Puga, P.C., of Denver, Colorado, were with him on the briefs for appellant.

Stephen J. Rodolf , of Rodolf & Todd, of Tulsa, Oklahoma, argued the cause, and Leslie C. Weeks and Charles H. Moody, Jr. , of the same firm, John H. Gibson , of Gilliland & Hayes, PA, of Wichita, and Bradley C. Ralph , of Williams, Strobel, Malone & Ralph, P.A., of Dodge City, were with him on the briefs for appellee.

The opinion of the court was delivered by NUSS, C.J.:

This is a case about instructing the jury in a medical malpractice action. Tom Bates and Michelle Entriken, individually and on behalf of their daughter, Hayley Bates, allege obstetrical nurse Linda Unruh breached the standard of care which caused permanent injury to Hayley. For Unruh's purported negligence, the parents sued her employer, Dodge City Healthcare Group, L.P. d/b/a Western Plains Regional Hospital...

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