Miller v. Campbell

Opinion by

Judge NEY.

In this medical malpractice action, plaintiffs, Richard Dean and Mary Lou Miller, individually, and as surviving parents of the decedent, Jar’red Miller, appeal from the trial court’s order dismissal their complaint against defendant, David N. Campbell, M.D., on the basis that it was barred by governmental immunity. We vacate the dismissal and remand with directions.

On September 20, 1994, the decedent, who was then nine years old, underwent surgery performed by defendant to replace a dysfunctional artificial heart valve that had been inserted when he was two years old. The…