Wood v. Dunlop

A jury returned a verdict for defendants. The central issue is whether, in the absence of a guardian and a court approved settlement, a release and settlement authorized by the personal, representative of a deceased’s estate constitutes a bar to a subsequent action for wrongful death brought on behalf of the deceased’s minor child.

On February 8, 1968, defendant, Dr. Dunlop, performed minor surgery on Jo Ann Wood at defendant Tri-State Memorial Hospital. Instead of using a proper anesthetic, digitalis was accidentally introduced into Mrs. Wood’s spinal column causing her death. Mrs. Wood is…