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TUCSON MEDICAL CENTER, INCORPORATED v. MISEVCH

Nos. 12355-PR, 12384.

113 Ariz. 34 (1976)

545 P.2d 958

TUCSON MEDICAL CENTER, INCORPORATED, a corporation, Defendant-Petitioner, v. AI MISEVCH, the surviving spouse of Virginia Misevch, for and on his own behalf, and for and on behalf of Linda Misevch and Lee Misevch, the surviving children of Virginia Misevch, Plaintiff-Respondent, and Associated Anesthesiologists of Tucson, a business entity, and Royal W. Rudolph, M.D., and Jane Doe Rudolph, husband and wife, Defendants-Respondents, and The Honorable Lillian S. Fisher, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Division IV thereof, Respondent.

Supreme Court of Arizona, En Banc.

February 4, 1976.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Richmond and Holesapple, Conner, Jones & Johnson by Marshall Jones, Tucson, for defendant-petitioner Tucson Medical Center.

Langerman, Begam, Lewis, Leonard & Marks by James J. Leonard, Jr., Barry C. Schneider and Samuel Langerman, Phoenix, for plaintiff-respondent.

Everett, Bury & Moeller by Leonard Everett, Tucson, for defendants-respondents.

Lewis & Roca by Walter Cheifetz, Phoenix, for Ariz. Hospital Ass'n.

Snell & Wilmer by Edward Jacobson and Shyrl Nielsen, Phoenix, for Ariz. Medical Ass'n.

William B. Revis, Phoenix, for Ariz. Trial Lawyers Ass'n, amici curiae.

HAYS, Justice.

The Tucson Medical Center (hereinafter TMC) is a defendant in a superior court action brought by Misevch against Royal Rudolph, M.D. (now deceased), Associated Anesthesiologists of Tucson, and TMC. Misevch claims that Rudolph was negligent in administering anesthesia to Misevch's wife during surgery at TMC for the removal of a low back disc as a result of which she suffered cardiac arrest and brain damage and later died. The complaint alleges that Rudolph...

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