McAllister v. Khie Sem Ha

GREENE, Judge.

Thomasine and Edward McAllister (collectively plaintiffs) appeal the dismissal of their complaint (pursuant to Rule 12(b)(6)) alleging the negligence of Dr. Khie Sem Ha (defendant). The material allegations of the complaint reveal the following facts: (1) the defendant is a duly licensed physician practicing family medicine; (2) in 1991 the plaintiffs visited the defendant’s office to have blood drawn to test “for sickle cell” disease; (3) the defendant told the plaintiffs that “if there was anything to be concerned about, then he would call them” and if they did not hear from…