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BAXTER v. AHS SAMARITAN HOSP., LLC

No. 2008-CA-000541-MR.

328 S.W.3d 687 (2010)

Secily BAXTER, Individually; and Frances Baxter, as Administratrix and Personal Representative for the Estate of Joshua Miguel Deangelo Garcia Baxter, Appellants, v. AHS SAMARITAN HOSPITAL, LLC d/b/a Samaritan Hospital; and Dr. Joseph G. Fine, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 14, 2011.

Attorney(s) appearing for the Case

H. Wayne Roberts , David N. Zorin (argued), Lexington, KY, for appellants.

James P. Grohmann (argued), Andie Brent Camden , Louisville, KY, for appellee.

Before ACREE, CAPERTON, and KELLER, Judges.

KELLER, Judge.

Secily Baxter (Baxter) appeals the judgment of the Fayette Circuit Court which dismissed her medical malpractice action against Joseph G. Fine, M.D. (Dr. Fine), after the jury found that Dr. Fine was not negligent in failing to remove a surgical sponge from Baxter's abdomen following her appendectomy. Specifically, Baxter contends that the trial court erred: (1) when it denied her motions for summary judgment and directed verdict under the doctrine...

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