Jackson v. Bumgardner

I concur in the holding by the majority that the complaint states a cause of action for medical malpractice by Varonica Jackson.

I dissent from the majority’s failure to recognize the cause of action of Rufus Jackson for medical malpractice and the plaintiffs’ cause of action based on contract. Further, I am of the opinion that the Court should not have addressed the damage issue on the bare record of the pleadings, and that having done so, the majority adopted a standard contrary to settled common law principles.

In order to properly resolve the issues before us, I find it appropriate to…