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FOSTER EX REL. FOSTER v. KLAUMANN

No. 100,286.

294 P.3d 223 (2013)

296 Kan. 295

Keely FOSTER, a Minor, through her Parents and Natural Guardians, Kim Foster and Kevin Foster, and Individually on their own behalf, Appellants, v. Michelle A. Klaumann, M.D., Appellee.

Supreme Court of Kansas.

January 11, 2013.

Attorney(s) appearing for the Case

W.J. Fitzpatrick , of Fitzpatrick and Bass, of Independence, argued the cause, and Douglas A. Buxbaum and John M. Fitzpatrick , of Buxbaum, Daue & Fitzpatrick, PLLC, of Missoula, Montana, were with him on the briefs for appellants.

Michael R. O'Neal , of Gilliland & Hayes, P.A., of Hutchinson, argued the cause, and Shannon L. Holmberg , of the same firm, was with him on the briefs for appellee.

Kyle J. Steadman , of Foulston Siefkin LLP, of Wichita, for amicus curiae Kansas Association of Defense Counsel.

James R. Howell , of Prochaska, Giroux & Howell, of Wichita, and David R. Morantz and Matthew E. Birch , of Shamberg, Johnson & Bergman, of Kansas City, Missouri, for amicus curiae Kansas Association for Justice.

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

This is a medical malpractice case challenging jury instructions used at trial. Keely Foster, a minor, and her parents, Kim and Kevin Foster, sued Dr. Michelle Klaumann, a pediatric orthopedic surgeon, for injury to a nerve in Keely's leg during a surgery to remove tumors. The jury unanimously found Klaumann not at fault. A divided Court of Appeals panel reversed and remanded for a new trial. We consider: (1) whether...

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