Legal Opinion

Alliant Hospitals, Inc. v. Benham

Court of Appeals of Kentucky

Decided May 2, 2003No. 2002-CA-000517-MRPublishedCited by 10 opinions

1Opinion of the Court

OPINION

KNOPF, Judge.

Soon after his birth on July 23, 1999, it became apparent that Zachary Benham had suffered brain damage. On Zachary’s behalf, his parents, Angel1 and Kevin Ben-ham, sued first the doctor who performed the delivery and later the hospital, Norton Hospital in Louisville, where the delivery took place. The Benhams alleged that the doctor had misused a device, a vacuum extractor, that had caused cerebral bleeding, and that the attending nurses had failed to respond appropriately to signs that during labor the fetus had become dangerously distressed. Following a jury trial in…

Also in this document: Concurrence.

2Cases cited17 opinions

  1. United States v. Swift & Co.Supreme Court of the United States · 1932
  2. Twelve John Does v. District of Columbia Appeal of Edwin A. Meese, Iii, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1988
  3. McDougald v. GarberNew York Court of Appeals · 1989
  4. Gerda Dorothea Deweerth v. Edith Marks Baldinger, Defendant-Third-Party-Plaintiff-Appellant, Wildenstein & Co., Inc., Third-Party-Defendant-AppellantCourt of Appeals for the Second Circuit · 1994
  5. Moore v. CommonwealthKentucky Supreme Court · 1988

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3Cited by10 opinions

  1. Raisor v. BurkettCourt of Appeals of Kentucky · 2007
  2. Leeds v. CITY OF MULDRAUGHCourt of Appeals of Kentucky · 2010
  3. CSX Transportation, Inc. v. RyanKentucky Supreme Court · 2006
  4. Alliant Hospitals, Inc. v. BenhamCourt of Appeals of Kentucky · 2003
  5. Joann Scott v. Steven Wade ScottCourt of Appeals of Kentucky · 2020

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