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HUBBARD v. MELLION

No. 108,461.

302 P.3d 1084 (2013)

Darlene HUBBARD, Appellant, v. B. Theo MELLION, M.D., Appellee.

Court of Appeals of Kansas.

May 17, 2013.

Attorney(s) appearing for the Case

Jerry K. Levy , Katherine L. Kirk , and Ronald L. Schneider , of Law Offices of Jerry K. Levy, P.A., of Lawrence, for appellant.

Anthony M. Singer and Matthew P. Sorochty , of Woodard, Hernandez, Roth & Day, LLC, of Wichita, for appellee.

Before LEBEN, P.J., PIERRON and STANDRIDGE, JJ.

PIERRON, J.

Darlene Hubbard appeals the district court's granting of summary judgment in favor of B. Theo Mellion, M.D. Hubbard sued Dr. Mellion for medical malpractice after a surgical instrument broke during microdiscectomy surgery and a small piece of metal remained lodged in Hubbard's spinal disc. The district court held that Hubbard had filed a medical malpractice cause of action but she had failed to provide medical expert testimony establishing a standard of...

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