Timothy v. Rogers

CHAPA, Chief Justice.

This appeal demonstrates the different perceptions of two trial judges faced with virtually identical situations. Appellants, Timothy and Nancy Kahanek, filed a medical malpractice lawsuit individually and on behalf of the estate of Kyndil Kahanek, deceased minor child, and as next friends of Sommer Kahanek and Joshua Kahanek, as a result of the death of Kyndil Kahanek, their seven-year-old child. Dr. Sheldon Gross and appel-lee, Dr. James H. Rogers, were named among the defendants in the cause of action. The basis of the lawsuit was the alleged negligent use of the drug…