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NAZAR v. BRANHAM

Nos. 2004-SC-001015-DG. 2005-SC-000834-DG.

291 S.W.3d 599 (2009)

Gregory B. NAZAR, M.D., et al., Appellants/Cross-Appellees, v. Sheila BRANHAM, Executrix of the Estate of Roe Branham, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing August 27, 2009.

Attorney(s) appearing for the Case

Gerald R. Toner, James Patrick Grohmann, Cathleen Charters Palmer, O'Bryan, Brown & Toner, PLLC, Louisville, KY, Counsel for Appellants/Cross-Appellees.

Kevin Crosby Burke, Thomas Wesley Faulkner, Louisville, KY, Counsel for Appellee/Cross-Appellant.

James Allen Sigler, Jonathan D. Pitchford, James Richard Coltharp, Jr., Whitlow, Roberts, Houston & Straub, PLLC, Paducah, KY, Counsel for Amicus Curiae, Kentucky Society of Interventional Pain Physicians.

Bradley R. Hume, Beth Hendrickson McMasters, Thompson Miller & Simpson, PLC, Louisville, KY, Counsel for Amicus Curiae, The Kentucky Chapter of American College of Surgeons.

Opinion of the Court by Special Justice JEFFREY C. MANDO.

This is an appeal from a defense verdict in a medical malpractice action. Appellee/Cross-Appellant, Sheila Branham as Executrix of the Estate of Roe Branham [hereinafter "Branham"] alleges that Appellant/Cross-Appellee, Dr. Gregory B. Nazar [hereinafter "Dr. Nazar"] committed medical malpractice by failing to remove an object from Roe Branham's scalp following surgery. The alleged professional negligence occurred...

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