Atkinson v. Wichita Clinic, P.A.

The opinion of the court was delivered by

Holmes, J.:

Edward L. Atkinson, et al., appeal from an order of the district court dismissing a medical malpractice action, based upon the doctrine of respondeat superior, against the Wichita Clinic, P.A. (the Clinic) because of a settlement entered into with the Clinic’s employee, Dr. Roger Ferreri.

The parties do not dispute the facts pertinent to the issues on appeal. Elizabeth L. Atkinson died on July 18, 1984, allegedly as a result of the negligent administration of anesthesia on June 20, 1984 by Dr. Roger Ferreri, who was then employed by the…