Shively v. Klein

CHRISTIE, Chief Justice:

This case arises from a wrongful death action brought by the plaintiffs/appellants, the parents of a deceased minor child. The suit alleges that the defendant/appellee, Dr. Klein, was guilty of medical malprac tice because he failed to properly diagnose and treat the child’s illness in the period immediately preceding her death. 1

The child was born on August 19, 1968, with a congenital heart defect later diagnosed as ventricular septal defect. In 1978 the parents were first advised that the child should undergo surgery to correct the problem. The parents decided not to…